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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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3 judgments
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September 2009
National Insurance corporation (T) Ltd vs Shengena Ltd (Commercial Case No. 75 of 2005) [2009] TZHCComD 6 (21 September 2009)
The applicant’s extension application citing the wrong statutory provision was incompetent and struck out with costs.
* Civil procedure – extension of time – enabling provision – omission to cite specific subsection (11(1)) – jurisdictional defect – incompetence. * Amendment of pleadings – chamber summons – formal amendment required; court cannot insert omitted statutory subsection sua sponte. * Dispositive jurisdictional defects obviate need to consider substantive merits (delay, illegality, negligence).
 21 September 2009
Digitel Holdings Ltd vs (T) American International Development corporation Ltd (Commercial Case No. 81 of 2006) [2009] TZHCComD 8 (18 September 2009)
Commencement of exploration terminates annual anniversary payments under a prospecting assignment; Plaintiff’s claim dismissed.
Contract interpretation – prospecting agreement – Article 3: upfront payment and annual anniversary payments until commencement of exploration or abandonment; commencement of exploration terminates annual payment obligation; contemporaneous notice as evidence.
 18 September 2009
Engen Petroleum (T) Ltd vs (T) - Zambia Railway Authority (Tazara) (Commercial Case No. 42 of 2006) [2009] TZHCComD 9 (7 September 2009)
Applicant’s claim on disputed accounting failed for lack of independent evidence; uncontroverted June 2004 balance awarded with interest.
Sale of goods – Partly written and implied contract; Evidence – failure to call material independent witnesses (TRA/bank) – adverse inference; Civil Procedure Code, Order XIII – documents not produced/admitted are not part of the record (TZR1 expunged); Counterclaim not proved; Award of uncontroverted balance with interest and costs.
 7 September 2009