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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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1 judgment

Citation	Judgment date
May 2017
M.A Kharaf & Sons Ltd vs National Constructions Councils & Others (Misc. Commercial Case 221 of 2016) [2017] TZHCComD 7 (3 May 2017) Preliminary objections to an arbitration petition dismissed; petition proceeds to hearing. * Arbitration Act – petition under Arbitration Rules is an application, not a ‘pleading’ under Civil Procedure Code. * Civil Procedure – Order VI Rule 14 (signature of advocate) inapplicable to arbitration petitions. * Preliminary objections – must be pure points of law; objections requiring factual inquiry or evidence are not suitable for disposal at preliminary stage. * Limitation – computation of time to challenge award depends on when award was received; where receipt is disputed, factual inquiry required.	3 May 2017

Citation

Judgment date

May 2017

M.A Kharaf & Sons Ltd vs National Constructions Councils & Others (Misc. Commercial Case 221 of 2016) [2017] TZHCComD 7 (3 May 2017)

Preliminary objections to an arbitration petition dismissed; petition proceeds to hearing.

* Arbitration Act – petition under Arbitration Rules is an application, not a ‘pleading’ under Civil Procedure Code. * Civil Procedure – Order VI Rule 14 (signature of advocate) inapplicable to arbitration petitions. * Preliminary objections – must be pure points of law; objections requiring factual inquiry or evidence are not suitable for disposal at preliminary stage. * Limitation – computation of time to challenge award depends on when award was received; where receipt is disputed, factual inquiry required.

3 May 2017