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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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2 judgments
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Judgment date
July 2017
MMG Gold Limited vs Hertz Tanzania Limited (Misc. Commercial Cause 118 of 2015) [2017] TZHCComD 2020 (14 July 2017)
The applicant's reliance on settlement negotiations did not amount to sufficient cause to extend time to seek leave to defend.
* Civil procedure – extension of time – application under section 14 Law of Limitation Act – necessity to show ‘‘sufficient cause’’ before court enlarges time. * Summary suit procedure – leave to defend – defendant’s locus standi and capacity to file settlement before leave granted. * Negotiations/expectation of settlement – generally insufficient to constitute sufficient cause for extension of time. * Discretionary relief – court must guard against sympathy and require substantive reasons for delay.
 14 July 2017
Commercial Bank of Africa (T) Ltd. vs Esther Japhet Mhaye T/A and Another (Commercial Case No. 31 of 2018) [2017] TZHCComD 10 (9 July 2017)
Defendants' failure to obtain leave to defend entitled plaintiff to summary judgment, but under Order XXXV Rule 2(2)(a), not Rule 68.
Summary judgment; failure to obtain leave to appear and defend; Commercial Division Procedure Rules (Rule 68) not applicable for summary suits; Civil Procedure Code Order XXXV Rule 2(2)(a); recovery of money under mortgage; interest and costs awarded.
 9 July 2017