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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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10 judgments

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10 judgments


January 2023
M/S Msafiri Pharmaceutical & Associates Ltd vs M/S Shelly Pharmaceuticals Ltd (Misc. Application 188 of 2021) [2023] TZHCComD 9 (31 January 2023) Applicant failed to prove an out-of-court settlement; application to certify payments was dismissed with costs. Commercial law — Settlement of debt — Recording/certification of out-of-court adjustments/payments in respect of a decree — Proof of settlement required (Order XXI r.2(2) & s.95 CPC)	31 January 2023
Well Worth Hotels and Lodges Ltd vs East Africa Canvas Company Ltd &four Others (Reference 5 of 2023) [2023] TZHCComD 10 (30 January 2023) Misclassification of a claim as liquidated can vitiate taxation and requires fresh taxation before a different Taxing Officer. Civil procedure — Taxation of costs — Liquidated sum — Incorrect classification vitiates taxation — Advocates Remuneration Order — Discretion to depart from prescribed scales — Proper exercise of discretion in taxation	30 January 2023
Alvic Builders (T) Ltd vs CRDB Bank PLC (Commercial Case 22 of 2021) [2023] TZHCComD 8 (26 January 2023) Whether a bank’s reported promotional statement constituted an enforceable implied contract for collateral‑free loans. Contract law — Implied contract — Whether a promotional/public statement can create an enforceable implied offer Evidence — Proof of terms and reliance — Newspaper report and inconsistent witness evidence insufficient to establish an implied contract	26 January 2023
Jesca Paul Mosha & 2 Others vs International Commercial Bank (T) Ltd & 3 Others (Misc. Application 177 of 2021) [2023] TZHCComD 7 (24 January 2023) Decree obtained and execution commenced against a deceased person is unexecutable; prohibitory orders lifted. Civil procedure — Order XXI rules 57(1), 58, 59 — Execution against property — Validity of execution where decree obtained against a deceased person — Priority of bona fide mortgage rights pre-dating death	24 January 2023
Appolo International Ltd vs Britam Insurance (T) Ltd (Commercial Case 88 of 2021) [2023] TZHCComD 6 (20 January 2023) Loss from theft discovered during inventory falls within policy exclusion; insurer not liable despite proven loss. Insurance law — theft of insured stock — proof of loss and quantum — exclusion for loss discovered only at time of taking inventory — hearsay evidence inadmissible to prove collusion by security guards — insurer exempt from liability under clause (f)	20 January 2023
Dangote Cement (T) Ltd vs JL Consulting Company Ltd (Commercial Application 88 of 2022) [2023] TZHCComD 3 (20 January 2023) Bank transfers labelled for goods were held to satisfy the decree where respondent failed to prove application to other debts. Civil procedure — Execution of decree — execution barred where decree was adjusted and satisfied by consent/payment — Order XXI Civil Procedure Code	20 January 2023
Yara (T) Ltd vs Lucy Masasi Kayoka & 2 Others (Commercial Case 125 of 2018) [2023] TZHCComD 4 (20 January 2023) The respondent failed to show cause to resist execution; court granted attachment orders against specified plots. Civil procedure — Remedies under order XXI rr.57 — Attachment/prohibitory orders granted	20 January 2023
Yapi Merkezi Insaat Ve Sanayi Anonim Siket vs SVT Tanzania Ltd & Another (Misc. Commercial Application 1 of 2023) [2023] TZHCComD 5 (19 January 2023) Court ordered interim release of containers to applicant, finding commercial prejudice and balance of convenience in applicant's favour. Civil procedure — interlocutory relief	19 January 2023
wang shengju & another vs Mohamed Said Kiluwa (Suing in the Name of Kiluwa Steel Group Company Ltd) (Commercial Review 9 of 2022) [2023] TZHCComD 2 (11 January 2023) Applicants' withdrawal of urgency led court to shelve urgent status and schedule the review before the original judge. Civil procedure — Commercial review — Procedural law — whether a review must be heard by the same judge	11 January 2023
Mwanakwezi Corporation Co. Ltd vs TundumaTown Council & another (Commercial Case 108 of 2022) [2023] TZHCComD 1 (5 January 2023) Court records parties’ Deed of Settlement as consent judgment and orders provision of account for payment. Civil procedure — Consent judgment — Parties’ Deed of Settlement recorded as Court’s decree	5 January 2023