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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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March 2017
Vodacom (T) Ltd vs Citibank (T) Ltd and 2 Others (Commercial Case No. 43 of 2011) [2017] TZHCComD 2022 (31 March 2017)
Collecting bank’s failure to inquire on an unusually large deposit and a defrauding payee led to liability and refund.
Banking law – duty of collecting/collecting bank to exercise reasonable skill, care and diligence; due diligence in account opening versus duty to inquire on unusual deposits; conversion and unjust enrichment – refund for mistaken payment; contributory negligence for failure to follow contractual handover procedures.
 31 March 2017
African Banking Corporation Tanzania Limited vs Tanzania National Road Agency (TANROADS) (Misc. Commercial Application No. 235 of 2016) [2017] TZHCComD 1 (30 March 2017)
Interlocutory injunction dismissed because the executive agency was improperly sued in its own name absent a contract.
Executive Agencies Act s.3(6)(b) – sueable in own name only on contract; Government Proceedings Act s.6(2) – 90-day notice requirement; preliminary objections – timing and disposal of interlocutory applications; joinder of Government and Attorney General where suit not contract-based.
 30 March 2017
KG Corporation Group Ltd vs Said Salim Bakhresa & Co. Ltd (Misc. Commercial Application 287 of 2016) [2017] TZHCComD 6 (9 March 2017)
Failure to file a request for time to pay with an admission is not excused by the respondent’s lack of acknowledgement.
Civil procedure — Limitation — Section 14(1) Law of Limitation Act — extension of time requires reasonable or sufficient cause; Commercial Division Procedure Rules, Rule 25 — request for time to pay must be filed with admission and supported by financial statement; Registrar’s jurisdiction to consider time-to-pay requests; failure of opposing party to reply does not constitute sufficient cause for delay.
 9 March 2017