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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/

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Citation	Judgment date
January 2016
Michael Ngaleku Shirma vs African Banking Corporation Tanzania Limited (Commercial Case 54 of 2016) [2016] TZHCComD 18 (30 January 2016) Commercial Division has jurisdiction over disputes arising from loan, mortgage and share dealings with significant monetary implications. Commercial law – Jurisdiction of Commercial Division – whether disputes arising from loans, mortgages and share transactions fall within Rule 3 definition of a "commercial case". Civil procedure – Preliminary objection – pecuniary jurisdiction – requirement to plead monetary relief. Capital markets – share certificates, mortgaging of shares, third‑party communications and alleged interference with trading. Commercial transaction – loan facility (USD 2,500,000) as evidence of monetary/commercial character of dispute.	30 January 2016

Citation

Judgment date

January 2016

Michael Ngaleku Shirma vs African Banking Corporation Tanzania Limited (Commercial Case 54 of 2016) [2016] TZHCComD 18 (30 January 2016)

Commercial Division has jurisdiction over disputes arising from loan, mortgage and share dealings with significant monetary implications.

Commercial law – Jurisdiction of Commercial Division – whether disputes arising from loans, mortgages and share transactions fall within Rule 3 definition of a "commercial case". Civil procedure – Preliminary objection – pecuniary jurisdiction – requirement to plead monetary relief. Capital markets – share certificates, mortgaging of shares, third‑party communications and alleged interference with trading. Commercial transaction – loan facility (USD 2,500,000) as evidence of monetary/commercial character of dispute.

30 January 2016