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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
May 2010
Mary Jonh Mitchell Legal Representative of the Late Isabella John vs Silvester Magembe C heyo & 2 Athers (Commercial Case No. 49 of 2003) [2010] TZHCComD 9 (11 May 2010)
Extension of time granted where appeal was struck out due to a defective decree caused by court error.
Appellate procedure – Extension of time under section 11(1) Appellate Jurisdiction Act; defective decree (date discrepancy) – error of court as sufficient reason; appeals struck out – remedy to revive appeal by curing decree; discretion of High Court to extend time exercised justly.
 11 May 2010
Cool Care Service Ltd vs Electrics International Co. Ltd & Another (Commercial Case No. 60 of 2009) [2010] TZHCComD 25 (6 May 2010)
Preliminary objections on lack of board resolution, verification wording, and attestation were dismissed as evidentiary, not pure, points of law.
* Company law – requirement of Board resolution to institute proceedings – judge‑made rule; * Civil procedure – preliminary objection – pure point of law test (Mukisa) and when evidentiary issues defeat summary disposal; * Pleadings – Order VI Rule 15 verification requirements — omission curable by amendment; * Contract law – attestation/signature disputes are evidentiary, not suitable for preliminary determination.
 6 May 2010