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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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4 judgments
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June 2010
Bidco Oil and Soap Ltd vs Saving and finance Comm Bank & Another (Commercial Case No. 84 of 2006) [2010] TZHCComD 15 (28 June 2010)
Court allowed departure from scheduling order and extended time, holding Rule 4 directory and inherent powers permit relief to serve justice.
Civil procedure – Scheduling conferences and speed tracks – Order VIII A, Rule 4 – Directory not mandatory – Court’s inherent jurisdiction – Sections 93 and 95 Civil Procedure Code – Extension of time to depart from scheduling order – Limitation and interest of justice.
 28 June 2010
M/S Njake Enterprises and Oil Transport Ltd vs M/S Energy and Water Utilities Regulatory Authority (Commercial Case No. 3 of 2010) [2010] TZHCComD 35 (28 June 2010)
High Court lacks jurisdiction over challenge to EWURA Compliance Orders; appeal lies to the Fair Competition Tribunal.
* Jurisdiction – challenge to EWURA Compliance Orders – whether High Court or Fair Competition Tribunal has exclusive jurisdiction. * Administrative law – Compliance Orders under s.39 EWURA Act – effect and attributes of such orders. * Appeals – s.29 EWURA Act and s.52 Petroleum Act – internal review and appeal to the Fair Competition Tribunal. * Enforcement – Compliance Order enforceable as injunction of the High Court but not equated to a High Court order for jurisdictional purposes. * Finality – FCT determinations final and enforceable as High Court orders.
 28 June 2010
(T) Sewing Machine Co.Ltd vs Njake Enterprises Ltd (Commercial Case No. 7 of 2003) [2010] TZHCComD 11 (22 June 2010)
Preliminary objections involving factual disputes cannot dispose of a section 89(1)–(2) restitution application.
Civil procedure – Preliminary objections – Section 89(1) & (2) CPC (restitution) – Whether objections raise pure points of law or require merits/factual inquiry – Pending related proceedings do not automatically oust jurisdiction to hear restitution application.
 22 June 2010
National Insurance corporation (T) Ltd vs Shengena Ltd (Commercial Case No. 75 of 2005) [2010] TZHCComD 14 (14 June 2010)
Whether the extension application was time‑barred and affidavit defects warranted dismissal; Court struck application out for lack of good reasons.
Appellate procedure – extension of time under s.11 Appellate Jurisdiction Act – Rule 76 Court of Appeal Rules; Limitation Act s.43(b) – clause 21 inapplicable to appeals; preliminary objections – scope and limitation; affidavits – facts vs. argument, verification by advocate curable; exercise of judicial discretion requires good reasons for delay.
 14 June 2010