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/
2 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
April 2013
Twiga Bancorp Ltd vs Mashallah Investment Oil Co. Ltd & 3 Others (Commercial Case No. 106 of 2012) [2013] TZHCComD 11 (30 April 2013)
A general claim that a counter-affidavit is argumentative without specifying offending passages is insufficient; objection dismissed.
Civil procedure – Affidavits and counter-affidavits – Order XIV Rule 3(1) Civil Procedure Code – Affidavits confined to facts within deponent's knowledge – Counter-affidavit may oppose allegations but must avoid legal argument – Party alleging affidavit is argumentative must specify offending paragraphs or statements – Failure to particularise warrants dismissal of objection.
 30 April 2013
Bata Limited Canada vs Bora Industries Ltd (Commercial Case 76 of 2005) [2013] TZHCComD 1 (5 April 2013)
Assignment of a registered trade mark divests proprietorship; assignor may sue for pre-assignment wrongs but cannot enforce rights after assignment.
Trade marks – assignment and registration – assignment transfers proprietorship upon registration; assignor’s right to sue preserved for pre-assignment infringements; statutory infringement requires registered proprietor; passing off requires goodwill, misrepresentation and damage – similarity between "Bata" and "Bora" likely to confuse consumers; claimant divested by assignment cannot obtain relief where assignee (proprietor) is not party.
 5 April 2013