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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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1 judgment

Citation	Judgment date
July 2014
Hammers Incorporation Company Ltd vs Board of Trustrees of the Cashew nut Development trust Fund (Commercial Case 108 of 2013) [2014] TZHCComD 7 (31 July 2014) Parties' replacement of an arbitration clause with an undertaking vesting court jurisdiction permitted default judgment against the defendant. * Civil procedure – Arbitration clause displaced by subsequent undertaking – Section 6 Arbitration Act not triggered where parties confer non‑exclusive court jurisdiction. * Civil procedure – Default judgment – Rule 22(1) High Court (Commercial Division) Procedure Rules – absence of written statement of defence; proof of service required. * Procedure – Applications must cite enabling provisions; non‑citation renders application incompetent. * Extension of time – must account for each day of delay; negligence or inaction by counsel not sufficient.	31 July 2014

Citation

Judgment date

July 2014

Hammers Incorporation Company Ltd vs Board of Trustrees of the Cashew nut Development trust Fund (Commercial Case 108 of 2013) [2014] TZHCComD 7 (31 July 2014)

Parties' replacement of an arbitration clause with an undertaking vesting court jurisdiction permitted default judgment against the defendant.

* Civil procedure – Arbitration clause displaced by subsequent undertaking – Section 6 Arbitration Act not triggered where parties confer non‑exclusive court jurisdiction. * Civil procedure – Default judgment – Rule 22(1) High Court (Commercial Division) Procedure Rules – absence of written statement of defence; proof of service required. * Procedure – Applications must cite enabling provisions; non‑citation renders application incompetent. * Extension of time – must account for each day of delay; negligence or inaction by counsel not sufficient.

31 July 2014