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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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2 judgments
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Judgment date
March 2009
(T) Breweries Ltd vs Marishamu Kimaro & Another (Commercial Case No. 74 of 2006) [2009] TZHCComD 7 (23 March 2009)
Court pierced corporate veil, held director jointly liable for dishonoured cheques and awarded principal plus simple commercial interest.
Commercial law – dishonoured cheques; corporate veil – lifting veil to hold director personally liable where company formalities and authorisation not proved; interest – compound interest not awarded absent agreement, simple commercial interest awarded; contract – implied contract by conduct rejected for insufficient evidence; counterclaim dismissed.
 23 March 2009
Stanbic Bank (T) Ltd vs P.G. Associates Ltd & 2 Others (Commercial Case No. 42 of 2007) [2009] TZHCComD 13 (3 March 2009)
Applicants failed to show good cause; Taxing Master's 3% instruction fee was upheld as not excessive.
Taxation of costs; service and awareness of taxation proceedings; extension of time under s.14 Law of Limitation Act; admissibility and limits of hearsay in affidavits (Order XIX r.3(1)); court's inherent powers under s.95 Civil Procedure Act to review Taxing Master's decisions; interference only for error of principle or manifestly excessive awards; advocate's instruction fee (3%) and discretion of Taxing Master.
 3 March 2009