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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/
2 judgments
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2 judgments
Citation
Judgment date
May 2014
Stanbic Bank (T) Ltd vs Boaz Saimon Ilomo and Boaz Saimon Ilomo vs Stanbic Bank (T) Ltd & Another (Commercial Case No. 68 of 2023) [2014] TZHCComD 11 (31 May 2014)
Borrower defaulted on loans; bank breached fiduciary duty by unexplained deductions from authorised SWIFT transfers.
Commercial law – loan facilities – breach for non-payment; Banking law – banker–customer fiduciary duties in executing SWIFT/TT transfers – requirement to implement instructions and communicate deductions/exchange effects; Evidence – need for pleading and proof of oral promises/mandates; Remedies – set-off of unjustified bank deductions against decretal sum, interest and costs.
 31 May 2014
Mitras International Trading LLC. vs Dodsal Hydrocarbons and Power (T) PVT Ltd and 2 Others (Commercial Case 56 of 2014) [2014] TZHCComD 3 (8 May 2014)
Reported
Leave to appeal refused because the challenged joinder rulings were interlocutory and not appealable.
Interlocutory orders — non-appealable; Leave to appeal — High Court must assess existence of right of appeal before granting leave; Joinder of parties — Order 1 r.1 and r.10(2) (necessary/proper parties); Res judicata/functus officio considered but decisive issue was interlocutory nature of rulings; Procedural competence of chamber summons and affidavit objections noted.
 8 May 2014