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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
Citation
Judgment date
August 2014
Mapande vs First National Bank Tanzania Limited (MISC. COMMERCIAL CAUSE NO.165 OF 2014) [2014] TZHCComD 12 (29 August 2014)
A disputed sworn allegation of payment constituted a bona fide triable issue, so unconditional leave to defend a summary suit was granted.
• Civil procedure – Summary suit – Order XXXV, Rule 3(1) CPC – Leave to appear and defend – Requirement of at least one bona fide triable issue. • Evidence – Interlocutory stage – Disputed factual allegation sworn in affidavit may constitute triable issue without producing best evidence.
 29 August 2014
Scania Tanzania Ltd vs Afro Star (T) Limited and another (Commercial Case 126 of 2012) [2014] TZHCComD 5 (29 August 2014)
Reported
Financier’s payment discharged buyer’s debt; seller must repay USD 35,600 mistakenly received as VAT.
Commercial law – Sale of motor vehicle on credit; evidence of financier’s payment extinguishing buyer’s indebtedness; VAT on imported capital goods – tax exemption and mistaken VAT invoice; restitution of mistakenly paid VAT; refusal to award unsupported commercial interest.
 29 August 2014
Grand Alliance Limited vs Mr. Wilfred Lucas Tarimo and 4 Others (Commercial Case 9 of 2012) [2014] TZHCComD 2 (22 August 2014)
Reported
Agreement rescinded for defendants' breach; refund with interest awarded; fraud not established.
Contract law – share acquisition – payment instalments and default; remedy provided by contract (clause 4.0) versus wrongful repossession of management; rescission as remedy for breach; fraud — active concealment and intent required; interest and costs on rescission award.
 22 August 2014