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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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https://www.comcourt.go.tz/comcourt/

3 judgments

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3 judgments


March 2014
Fereckl Safari Limited vs The District Executive Director, Meatu District Council (Commercial Case 123 of 2013) [2014] TZHCComD 4 (13 March 2014) Reported A preliminary objection that a commercial suit is a land matter failed because the land-versus-commercial classification requires trial evidence. Civil procedure — interim relief — Commercial activities conducted in a Wildlife Management Area may attract Commercial Division jurisdiction where commercial character is present — preliminary objection — Requirement that objection raise a pure point of law to be disposed of without evidence Jurisdiction — Commercial Division — overlap between commercial contracts and land matters — Whether commercial jurisdiction is ousted by land-related elements Wildlife offences — Wildlife conservation vs. town planning — Determination of whether a Wildlife Management Area falls within district planning jurisdiction requires evidence at trial	13 March 2014
Fereck Safaris Limited vs District Executive Director Meatu District Council (Commercial Case 123 of 2013) [2014] TZHCComD 8 (13 March 2014) Preliminary objection that the dispute is a land matter was dismissed; jurisdictional and factual issues require trial determination. Civil procedure — preliminary objection — objection not a pure point of law and cannot be decided without evidence Jurisdiction — Commercial Division — Whether dispute over activities in a wildlife management area is a land matter or a commercial matter — mixed questions of fact and law require trial Wildlife offences — Wildlife law/town planning — relationship between Wildlife Management Areas and district town-planning jurisdiction	13 March 2014
Paul Mremi Lyimo vs Emmanuel T. Maliti (Administration of the Estate of the Late Sosthenes T. Maliti) (Commercial Case 154 of 2013) [2014] TZHCComD 9 (12 March 2014) Plaintiff must correct a glaring discrepancy in the defendant/administrator’s name before judgment on admission can be considered. Civil procedure — Party names — Misnomer/misallegation of defendant’s name	12 March 2014