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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
March 2010
Shaban Makumlo t/a Marks General Enterprises vs NBC Ltd & Another (Commercial Case No. 16 of 2010) [2010] TZHCComD 36 (16 March 2010) Dispute over exercise of power of sale of mortgaged property falls within Land Division's exclusive jurisdiction; suit struck out. Land law – Exclusive jurisdiction of the Land Division over mortgage sale and possession actions; Mortgage Financing (Special Provisions) Act 2008 s18(2)-(3) – action to exercise power of sale is a land matter; s18(3) transfer provisions apply only where action is filed in a forum other than the High Court; Commercial Division lacks jurisdiction; suit struck out with costs.	16 March 2010

Citation

Judgment date

March 2010

Shaban Makumlo t/a Marks General Enterprises vs NBC Ltd & Another (Commercial Case No. 16 of 2010) [2010] TZHCComD 36 (16 March 2010)

Dispute over exercise of power of sale of mortgaged property falls within Land Division's exclusive jurisdiction; suit struck out.

Land law – Exclusive jurisdiction of the Land Division over mortgage sale and possession actions; Mortgage Financing (Special Provisions) Act 2008 s18(2)-(3) – action to exercise power of sale is a land matter; s18(3) transfer provisions apply only where action is filed in a forum other than the High Court; Commercial Division lacks jurisdiction; suit struck out with costs.

16 March 2010