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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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1 judgment

Citation	Judgment date
December 2009
Islam Saleh Nahdi Ltd vs The Commissioner General (T) Revenue Authority & 2 Others (Commercial Case No. 19 of 2009) [2009] TZHCComD 18 (14 December 2009) The applicant's suit for prerogative orders was struck out for failing to obtain the mandatory leave to apply. * Prerogative remedies – Certiorari, Mandamus, Prohibition – prerequisite of leave before substantive application – non-compliance renders application premature and defective.* Procedural law – substantive requirement versus technicality – leave requirement is substantive and mandatory.* Judicial review procedure – failure to follow leave requirement justifies striking out application with costs.	14 December 2009

Citation

Judgment date

December 2009

Islam Saleh Nahdi Ltd vs The Commissioner General (T) Revenue Authority & 2 Others (Commercial Case No. 19 of 2009) [2009] TZHCComD 18 (14 December 2009)

The applicant's suit for prerogative orders was struck out for failing to obtain the mandatory leave to apply.

* Prerogative remedies – Certiorari, Mandamus, Prohibition – prerequisite of leave before substantive application – non-compliance renders application premature and defective.* Procedural law – substantive requirement versus technicality – leave requirement is substantive and mandatory.* Judicial review procedure – failure to follow leave requirement justifies striking out application with costs.

14 December 2009