Tanzania Case Law

RULING COMMERCIAL CASE NO

Court

TANZLII

The suit is res subjudice to Misc. Commercial Application No. 169 of 2023 as the parties (at least as to the Plaintiff and 1st, 2nd, and 3rd Defendants) and the issues (legality of execution and eviction) are substantially the same, and the earlier application is pending in a competent Court. The objections on lack of jurisdiction and violation of section 38(1) CPC are dismissed as the subject matter is not a jurisdictional bar and the claims for compensation are not questions relating to execution, discharge, or satisfaction of the decree. The proper remedy under section 8 CPC is to stay the…

Source excerpt

• Jurisdiction
• Res subjudice
• Execution of decrees
• Commercial significance
• Preliminary objection

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rajesh yoginder vohora vs rakesh yoginder kumar vohora and 3 others 2021 tzhccomd 3503 10 december 2021

Court

TZHCCOMD

The High Court Commercial Division refused to transfer a company dispute to Arusha and declined to strike it out as an abuse of process.

• Jurisdiction
• Transfer of proceedings
• Abuse of process
• Commercial significance
• Transfer-of-proceedings
• Abuse-of-process

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timothy j flavell vs pumziko safari lodge ltd 2019 tzhccomd 150 10 april 2019

Court

TZHCCOMD

The court held that the share purchase agreement created a contractual relationship of commercial significance under Rule 3(c) of the Rules, that the plaint was properly framed and disclosed the cause of action, and that the verification clause was compliant as it stated the date and place. All preliminary objections were dismissed with costs.

Source excerpt

• Jurisdiction
• Commercial significance
• Pleading requirements
• Verification of pleadings

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fereckl safari limited vs the district executive director meatu district council 2014 tzhccomd 4 13 march 2014

Court

TZHCCOMD

The High Court Commercial Division dismissed a preliminary objection, holding the dispute over hunting activities in a Wildlife Management Area required evidence and was not a pure point of law.

• Jurisdiction
• Interim injunctions
• Commercial significance
• Land use
• Wildlife management
• Preliminary-objection

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fereck safaris limited vs district executive director meatu district council 2014 tzhccomd 8 13 march 2014

Court

TZHCCOMD

The preliminary objection does not raise a pure point of law as the issue of whether the disputed area falls within a planned area or Wildlife Management Area requires evidence. The dispute has commercial elements and falls within the jurisdiction of the Commercial Division. The objection is misconceived and is dismissed with costs.

Source excerpt

• Jurisdiction
• Interim injunctions
• Commercial significance
• Land and commercial overlap

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20140313 TZHC Dar es Salaam

Court

TZHC

The High Court Commercial Division dismissed a preliminary objection, holding that the jurisdiction issue depended on evidence and that the dispute had commercial significance.

• Jurisdiction
• Interim injunctions
• Commercial significance
• Land and business disputes
• Preliminary-objection
• Commercial-division

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samwel george mhina vs justine ernest massawe another 2012 tzhccomd 61 12 march 2012

Court

TZHCCOMD

The Commercial Division held it had jurisdiction over a loan dispute secured by land and dismissed a preliminary objection challenging the court’s competence.

• Jurisdiction
• Commercial significance
• Land disputes
• Temporary injunctions
• Commercial-law
• Land-law

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