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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 2010
Cool Care Service Ltd vs Electrics International Co. Ltd & Another (Commercial Case No. 60 of 2009) [2010] TZHCComD 26 (16 November 2010)
Court dismissed preliminary objections, holding extension application properly brought, not frivolous, and not barred by limitation.
Civil procedure – extension of time – section 14(1) Law of Limitation Act; section 93 Civil Procedure Code; Order XLIII Rule 2 (procedure for applications) – oral applications; frivolous/vexatious proceedings – abuse of process; time-barred applications – exercise of court’s discretion to extend time; High Court’s inability to revise its own interlocutory decisions.
 16 November 2010
Oasis Energy Co. LLC vs Amran Mohamed Talib & Another (Commercial Case No. 114 of 2009) [2010] TZHCComD 28 (11 November 2010)
Leave to defend a summary suit granted where the defendant genuinely disputes indebtedness and stopped payment on post‑dated cheques.
Summary suit — leave to appear and defend — post‑dated cheque and stop payment — existence of triable issue — defendant entitled to explain stopped payment; conditions for leave (triable issue, non‑sham defence) apply.
 11 November 2010
A & SD Company Ltd and Albert malangalila vs CRDB Bank Ltd & Another (Commercial Case No. 57 Of 2001) [2010] TZHCComD 6 (5 November 2010)
A filed notice of appeal generally divests the High Court of jurisdiction to grant stay of execution; application dismissed with costs.
Appeal pending — filing of notice of appeal divests High Court of jurisdiction to grant stay of execution or related relief except in limited statutory exceptions; Order IX Rule 8 CPC — non-appearance by plaintiff/applicant — ex parte hearing and dismissal; Certificate of urgency — does not excuse non-appearance.
 5 November 2010
Mbeya Cement Co. Ltd vs Mary Mchome and Amos Mwambo as Joint Administrates of the Estate of the Late Gilliad Mbwambo (Commercial Case No. 126 of 2005) [2010] TZHCComD 13 (2 November 2010)
Review dismissed: review jurisdiction is limited; alleged procedural defects and fraud are not errors apparent on the face of the record.
* Civil procedure – Review under Order XLII Rule 1 CPC – limited to errors apparent on face of record, new evidence or other sufficient reasons; not an appeal in disguise. * Default judgment – grounds for review versus appeal – procedural complaints (service, extension of time) are typically matters for appeal, not review. * Allegations of fraud and collusion – require extraneous evidence and extended inquiry, not errors apparent on record. * Locus standi/interested party – status of applicants as administrators considered but not determinative of review jurisdiction.
 2 November 2010