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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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August 2013
Christopher James Daborn & Others vs Mr. Rashid Ali sevingi & Another (Commercial Case No. 2 of 2010) [2013] TZHCComD 6 (23 August 2013)
A director’s unilateral refusal to register an agreed land transfer breached company obligations and merited exemplary damages.
Company law – shareholder contribution by transfer of land – validity of board resolution and signed transfer deed; fraud allegations require strict proof; unilateral rescission of a formal agreement by a director is wrongful; exemplary damages and interest at court rate may be awarded where conduct is malicious.
 23 August 2013
M. H. Nassoro Co. Ltd vs Oryx Oil Company (Commercial Case No. 16 of 2009) [2013] TZHCComD 5 (23 August 2013)
Application to set aside summons to arrest managing director for unpaid judgment dismissed; corporate veil not pierced without application.
Execution — summons to show cause and arrest of managing director; competency of affidavits — applicability of Oaths and Statutory Declarations Act v. Notaries Public and Commissioners for Oaths Act; requirement to cite enabling provisions in execution applications; corporate veil — necessity of a specific application and proof before piercing; estoppel for belated preliminary objections.
 23 August 2013
Emmanuel Jagelo & Others vs Multimodal Transport Africa Ltd (Misc. Commercial Application Case No. 42 of 2012) [2013] TZHCComD 2 (20 August 2013)
Affidavits missing attesting officer’s name, place or date are incurably defective and are struck out.
Civil procedure — Affidavits and jurat — Jurat must state name, place and date of attesting Notary Public/Commissioner for Oaths — Omission renders affidavit incurably defective — Notaries Public and Commissioner for Oaths Act s.8; Interpretation of Laws Act s.53(2) — Court may strike out defective affidavits and may raise point sua sponte.
 20 August 2013