Skip to document content Skip to main menu Skip to search

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.

Visit website
https://www.comcourt.go.tz/comcourt/
6 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
September 2010
Prime Aloyce vs Malawi Cargo Centres Ltd (Commercial Case No. 71 of 2009) [2010] TZHCComD 21 (30 September 2010)
Bill of lading not conclusive of ownership; purchaser in transit entitled to release of cargo and awarded TZS 10,000,000 loss of profit.
Commercial law – bills of lading as documents of title – not conclusive proof of ownership; sale in transit; terminal/depot operators’ limited powers under Customs Act; entitlement to delivery upon customs release; assessment of loss of profits and interest.
 30 September 2010
Islam Saleh Nahdi Ltd vs The Commissioner General (T) Revenue Authority & 2 Others (Misc. Civil Cause No. 5 Of 2010) [2010] TZHCComD 34 (24 September 2010)
Failure to act within a court‑granted extension rendered the application for leave to seek prerogative orders time‑barred.
Limitation law – prerogative orders – extension of time – effect of earlier court‑granted extension – striking out for prematurity – procedural requirement to apply for leave before substantive prerogative application.
 24 September 2010
The Attorney General vs M/S Dengard System (T) Ltd (Commercial Case No. 7 of 2010) [2010] TZHCComD 31 (24 September 2010)
Applicant awarded repayment and interest after respondent breached contract to install ferry ticketing machines.
* Contract law – supply and installation of equipment – formation and terms – proof by contract and payment vouchers. * Breach of contract – delay and non-performance (failure to hand over, provide warranty/spare parts, training, radio link). * Civil procedure – substituted service and ex parte proceedings where respondent not served/responding. * Damages – refusal to award general damages where claimant’s evidence is general and unquantified. * Remedies – restitution of payments and high pre-judgment interest plus costs.
 24 September 2010
Masmin Printways & Stationers Ltd vs Saving and Credit Cooperative Union League of Tanzania (1992) Ltd. (Commercial Case 11 of 2010) [2010] TZHCComD 2 (19 September 2010)
Reported
19 September 2010
(T) Fish Processors Ltd vs Eusto K. Ntaliganda (Commercial Case No. 20 of 2009) [2010] TZHCComD 22 (16 September 2010)
Preliminary objections alleging no cause of action or limitation fail when they raise factual, not self‑proving legal, issues.
Preliminary objections — competence — must be pure points of law and self‑proving; Cause of action — pleaded allegation of unpaid loan discloses cause of action; Limitation/time‑bar — continuous breach raises factual issues not suitable for preliminary determination; Mukisa Biscuits test applied; factual disputes must be tried.
 16 September 2010
Monex Bureau De Change Ltd vs Stanbic Bank (T) Ltd & Another (Commercial Case No. 87 of 2007) [2010] TZHCComD 19 (6 September 2010)
An incurably defective affidavit answering interrogatories permits striking out the defence and proceeding ex parte under Order XI Rule 18.
Civil procedure – Interrogatories (Order XI) – Answers by affidavit (Rule 7) – Incurably defective affidavit (missing dates on verification/jurat) – Striking out affidavit – Distinction between Order XI Rule 9 (insufficient/omitted answers) and Rule 18 (failure to comply) – Consequence: striking out defence and proceeding ex parte – Procedure for delivering interrogatories (Rules 1 & 2) and responsibility to ensure proper execution.
 6 September 2010