High Court Commercial Division - 2013 February

Sort by:

6 judgments

Citation	Judgment date
February 2013
Intregrated Cotton Field vs CRDB Bank Ltd & Another (Commercial Case No. 66 of 2011) [2013] TZHCComD 8 (21 February 2013) A misdescription of a party in proceedings is a curable typographical error under sections 97 and 17, not a bar to locus standi. Civil Procedure – Amendment of pleadings – Misdescription/typographical error in party's name – Distinction between clerical mistakes in judgments (s.96) and defects in proceedings amendable under s.97 and s.17 – Locus standi of purportedly misnamed applicant.	21 February 2013
Hertz (T) Ltd vs Galileo By Travelport Co. Ltd (Commercial Case No. 57 of 2011) [2013] TZHCComD 7 (18 February 2013) Ex-parte award for unpaid transport services on admission; commercial interest reduced due to lack of proof. Commercial law – provision of transport services on credit – debt acknowledged by payment‑plan letters – ex‑parte proof assessed on balance of probabilities; documentary evidence (account statement, invoices, demand letter) admissible; interest — commercial rate must be proved, court reduced claimed rate from 30% to 21%; award of costs.	18 February 2013
Usanga General Traders vs Kagera Tea Company (Commercial Case No. 55 of 2005) [2013] TZHCComD 4 (18 February 2013) Applicant failed to show sufficient cause for a five‑month delay; extension of time to file restitution application was refused. Limitation of actions – extension of time under section 14(1) Law of Limitation Act – requirement to show sufficient or reasonable cause and account for each day of delay; residence and need for directors’ consent held insufficient; courts will not relax procedural time limits absent clear justification.	18 February 2013
Mambo View Hotel vs Rashidi Amiri Chaghuza (Commercial Appeal No. 2 of 2012) [2013] TZHCComD 9 (11 February 2013) Appellate court affirmed hire-award: ownership formalities were not a condition precedent and respondent entitled to rental, interest and costs. Commercial contract – car hire – condition precedent vs. acquiescence; appellate power to reassess scanty trial judgment (Order XX r.4 CPC); repair and detention claims fail without prior permission; clerical errors in decree curable under s.96 CPC; awards of contractual damages and interest.	11 February 2013
Mire Artan Ismail vs Sofia Yasin Njati & Another (Commercial Case No. 313 of 2002) [2013] TZHCComD 3 (8 February 2013) Court of Appeal’s finding of valid sale and bona fide purchase binds the High Court; defendants must surrender possession and monetary adjustments ordered. * Property law – sale by administratrix – effect of Court of Appeal finding that purchaser was bona fide and property transferred. * Civil procedure – res judicata and binding effect of appellate decision – trial court bound by Court of Appeal determination. * Probate and administration – orders against administratrix bind beneficiaries; relief of vacant possession enforceable against beneficiaries. * Rent/accounting – claimant must adduce specific evidence to support claimed rent; court calculated limited rent owing under existing orders.	8 February 2013
Standard Chartered Bank (T) Ltd vs Pharmaceutical Investments Ltd & 2 Others (Commercial Case No. 44 of 2012) [2013] TZHCComD 12 (5 February 2013) Acknowledgements and part payments (Sept 2007) revived limitation; absence of board resolution is not resolvable as a preliminary point. Limitation law – Law of Limitation Act s.27(3) – acknowledgement/part payment after original accrual gives fresh start to limitation period; Company litigation – authority to sue – absence of board/company resolution requires evidence and is not a preliminary point of law; Preliminary objections – point of law must be determinable without evidence.	5 February 2013