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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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3 judgments
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3 judgments
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Judgment date
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.
* Jurisdiction — Commercial Division — Whether commercial jurisdiction is ousted by land-related elements; overlap between commercial contracts and land matters. * Civil procedure — Preliminary objection — Requirement that objection raise a pure point of law to be disposed of without evidence. * Wildlife conservation vs. town planning — Determination of whether a Wildlife Management Area falls within district planning jurisdiction requires evidence at trial. * Interim relief — Commercial activities conducted in a Wildlife Management Area may attract Commercial Division jurisdiction where commercial character is present.
 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.
* 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. * Civil procedure – preliminary objection – objection not a pure point of law and cannot be decided without evidence. * 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 — Requirement to correctly identify defendant (administrator) on record before judgment on admission — Effect of name discrepancy on proceedings.
 12 March 2014