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High Court Commercial Division

The Commercial Court was officially inaugurated on 15th September, 1999. The Government of Tanzania endorsed the recommendations in 1997. It is a division of the High Court of Tanzania. The difference with other High Court Registries is that this court specializes in the determination of commercial disputes only.

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November 2009
Maneno Ismail and Tuqiang t/a Litan Trading Co vs Wang Yong Qiang (Commercial Case No. 21 of 2008) [2009] TZHCComD 14 (13 November 2009)
A valid Tanzanian trade mark registration grants exclusive territorial rights; prior use or foreign registration must be proven.
Trade marks — Registration validity — Territoriality of trade mark rights — Proof of prior use — Agency/authorization inconsistencies — Injunctive relief granted; damages and accounting denied for lack of evidence.
 13 November 2009
Smart Global Ltd vs (T) Communication Regulatory Authority (Commercial Case No. 77 of 2009) [2009] TZHCComD 20 (3 November 2009)
Court granted interim injunction restraining regulator from allocating disputed spectrum pending trial.
Telecommunications law – Spectrum allocation and Application Service Licences; Interim injunction – preservation of status quo; Injunction tests – prima facie case/serious issues, irreparable harm, balance of convenience; Procedural objection – compliance with Order XIX r.3 CPC; Evidentiary weight of admissions and documentary communications (24 April 2007 letter).
 3 November 2009
Nyumba ya Sanaa & Culture Ltd & 2 Others vs Alipo Atunkolepo & 2 Others (Commercial Case No. 50 of 2009) [2009] TZHCComD 19 (2 November 2009)
The Commercial Division has jurisdiction over company governance disputes; preliminary objections to jurisdiction and frivolousness were dismissed.
Commercial jurisdiction – company governance disputes – Commercial Division jurisdiction under High Court Registries Rules and Companies Act. Civil Procedure – Order VII r.1(i) (value of subject matter) – applicability limited to cases where monetary valuation is possible; Commercial Court (Fees) Rules govern commercial claims. Cause of action – misappropriation and breach of duty by company officers sufficient under Companies Act. Civil procedure – objections of frivolousness, abuse of process and multiplicity of causes dismissed where claims relate to company management.
 2 November 2009