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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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7 judgments
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Judgment date
October 2010
MPS Oil Co. Ltd vs Oasis Energy Co. LLC (Commercial Case No. 106 of 2009) [2010] TZHCComD 27 (27 October 2010)
Plaintiff's suit dismissed for failing to plead a cause of action where plaintiff owed money and alleged harms were inadequately pleaded.
Civil procedure – Preliminary objection – Pleadings must disclose cause of action – Order VII r.1(e) & r.11(a) – Cause of action requires antecedent legal right, corresponding duty, breach and damage – Insufficiently pleaded reputational loss.
 27 October 2010
A &SD Company and Albert Malangalila vs CRDB Bank Ltd & Ambassador Hassan Omary Gumbo Kibelloh (Commercial Case No. 57 Of 2001) [2010] TZHCComD 5 (20 October 2010)
Rule 87(1) deposits are jurisdictional; omnibus applications are permissible; non‑deposit renders setting‑aside application incompetent.
Civil procedure – Execution of decrees – Order XXI Rule 87(1) – Setting aside sale in execution – Requirement to deposit five percent of purchase money and decretal sum as condition precedent – Jurisdictional effect of non‑compliance; Omnibus Chamber Summons – combining extension of time and setting aside application permitted when prayers are related.
 20 October 2010
A&SD Company vs CRDB Bank Ltd & Another (Commercial Case No. 57 Of 2001) [2010] TZHCComD 4 (20 October 2010)
Failure to deposit sums required by Order XXI Rule 87(1) renders an application to set aside a sale incompetent.
Civil procedure – execution of decree – Order XXI Rule 87(1) – application to set aside sale – deposit of 5% of purchase price and decretal amount as condition precedent to jurisdiction – omnibus applications permissible where prayers are connected.
 20 October 2010
Watson Kihaka t/a Lupelo Investiment co.Ltd vs The National Insurance Corporation (T) ltd &Another (Commercial Case No. 25 of 2003) [2010] TZHCComD 12 (19 October 2010)
Taxing officer may increase instruction fee above prescribed scale, but must do so judicially; bill taxed at Tsh 2,599,000.
Costs – Taxation of a bill of costs; instruction fee – discretion to depart from prescribed scale (Schedule XI j(i)); public corporations represented by officers taxed like private advocates; attendance and disbursement rates; reliance on precedent (MGS International case).
 19 October 2010
(T) Postal Bank ltd vs D.N Bahram & CO. Ltd & 4 Others (Commercial Case No. 106 of 2003) [2010] TZHCComD 10 (18 October 2010)
Execution ordered where debtors failed to show cause; unproven, belated fraud allegations by guarantors dismissed.
* Civil procedure – execution of decree – Order XXI Rule 21(1) – court must order execution where person fails to show cause to satisfaction of court. * Debt enforcement – instalment requests – previous unsuccessful applications and dilatory conduct do not justify further stay of execution. * Fraud allegations – must be pleaded and strictly proved; burden lies on those alleging fraud; raising fraud at execution stage is improper. * Security – defects in some securities do not invalidate other valid securities or the loan agreement as a whole.
 18 October 2010
Tropical Commodities vs Cashwenut Board of (T) & Another (Commercial Case No. 82 of 2006) [2010] TZHCComD 16 (4 October 2010)
Plaintiff’s suit struck out for lapse of Speed Track III 14-month life-span without timely extension or departure application.
Civil Procedure — Order VIII A, Rule 3(3)(c) — Speed Track 3 (14-month life-span) — computation of life-span — requirement to apply for extension/departure before expiry — failure to apply permits striking out — late application not entertained after objection.
 4 October 2010
Lazarus Mirisho Mafie & Another vs Odilo Gasper Kilenga & Another (Commercial Case 10 of 2008) [2010] TZHCComD 3 (1 October 2010)
E‑mails are potentially admissible as "documents" if relevance, authentication, hearsay, originality and prejudice standards are satisfied.
Electronic evidence – admissibility of e-mails in civil proceedings – Interpretation of "document" under Evidence Act to include electronically stored information – Required standards: relevance; authenticity (audit trail/process); hearsay analysis; original-writing/best-evidence rule; probative value vs unfair prejudice – Court-developed guidance pending legislative detail.
 1 October 2010