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.

2 judgments
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2 judgments
Citation
Judgment date
September 2014
Defendant held over after lease expiry without valid renewal notice; liable for eviction and mesne profits (USD64,000/month less USD150,000).
* Landlord–tenant law – lease expiry and holding over – whether a three‑months' notice to renew was valid under clause 4(c). * Contract interpretation – what constitutes notice and agreement to renew; duty to prepare addendum. * Mesne profits – award of mesne profits for unauthorized occupation and calculation (monthly rate agreed less payments). * Expert referral clause – when referral to nominated assessor is unnecessary where parties have agreed rent. * Remedies – vacant possession, damages/mesne profits, costs; discretionary refusal of immediate distress or broker appointment due to operational considerations.
9 September 2014
Applicant failed to show good and sufficient cause under section 14(1) to extend time to seek setting aside of default judgment.
* Extension of time – Section 14(1) Law of Limitation Act – requirement to show good and sufficient cause; * Adequacy of affidavit – need for evidential explanation for delay; * Negligence of counsel – not ordinarily good cause for extension; * Mis‑citation of procedural rule – not fatal where correct statutory provision cited.
4 September 2014