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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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4 judgments
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February 2017
Salehe Said Nahdi vs National Microfinance Bank PLC and Another (Commercial Case 1 of 2015) [2017] TZHCComD 22 (21 February 2017)
Failure to apply within 90 days to implead a deceased plaintiff's legal representative causes abatement of the suit.
Civil procedure — Death of plaintiff — Order XXII r.3(1)-(2) Civil Procedure Act — Application to make legal representative a party — Item 16 Schedule to Law of Limitation Act (90 days) — Time runs from date of death — Failure to apply within 90 days leads to abatement; Revival under Order XXII r.9 subject to sufficient cause and Limitation Act; Constitutional plea (Art.107A) cannot displace statutory time limit.
 21 February 2017
Zebedayo Mkodya vs Best Microfinance Solutions Limited & Others (Commercial Case 95 of 2016) [2017] TZHCComD 5 (16 February 2017)
Plaintiff’s breach of contract allegations against company and its directors disclosed a cause of action; joinder and veil-piercing possible.
Civil procedure — Order 7 r.1(e) CPC — Pleadings must disclose cause of action; breach of contract allegations sufficient where plaint and annexures connect defendants to claim; Corporate law — separate legal personality — exception to Salomon principle; lifting corporate veil in special circumstances; Joinder — misjoinder — proper to join parties when claims arise from same acts and transactions.
 16 February 2017
Princess Shabaha Company Ltd vs NIC Bank Tanzania Limited (Commercial Case 94 of 2015) [2017] TZHCComD 3 (13 February 2017)
A notice of appeal or extension application does not automatically stay execution; court granted arrest but deferred imprisonment pending appeal.
Execution — Decree for payment — Execution by arrest and detention of judgment debtor — Notice of appeal does not automatically stay execution — Application for extension of time to file stay of execution does not itself operate as stay — Court may order stay on sufficient cause — Executing officer to avoid prejudicing pending appeal.
 13 February 2017
CMA CGM (Tanzania) Limited vs Insignia Limited (Misc. Commercial Application No. 168 of 2016) [2017] TZHCComD 4 (6 February 2017)
Plaintiff cannot be compelled to join shipper or agent as defendants absent a pleaded claim against them.
Civil procedure – Order I r.10(2) CPC – Joinder of necessary parties; doctrine of dominus litis; plaintiff as master of the suit; distinction from third‑party procedure (Order I r.14); costs discretion.
 6 February 2017