This Court was established through Amendment of the High Court Registry Rules of 1984, but it was until September 16, 1999, when it received its first ever case.
The commercial court determines commercial cases; Rule 3 of the High Court (Commercial Division) Rules 2012 as amended from time to time defines commercial case to mean;
“a civil case involving a matter considered by a court to be of commercial significance, including any claim or application arising out of trade or commercial but not limited to
(a) formation of business or commercial organization
(b) The management of business or commercial organization
(c) The contractual relationship of a business or commercial organization with other bodies or person outside the business or commercial organization
(d) the liability of a business or commercial organization of official of the business or commercial organization arising out of its commercial or business activities
(e) the liabilities of a business or commercial person arising out of that person’s business or commercial activities
(f) banking and financial services
(g) restructuring or payment of commercial debts by or to business or commercial organization or person
But when do businesses prefer Commercial Division?
The statement of its objective reflects the preference
- Comm Court has a demonstrated high degree of efficiency in handling and resolving dispute, most routine commercial cases take average four to five years in general division by contrast Comm Court in its first four years of operation cases took an average of 4.1 months to be resolved, either through some pre-trial settlement or judgment after trial, See Judicial Reform and Commercial Justice; The Experience of Tanzania’s Commercial Court by Davis Louis Finnegan, available at documents1.worldbank.org
The judges and staff of the Court have tried to build a culture of timeliness among advocates and parties. Judges have insisted on strict adherence to time schedules and only permit adjournments when absolutely justified.
The Court is well funded and enjoys superior facilities i.e., outside funding from Danida
References;
The Judicial Reform and Commercial Justice; The Experience of Tanzania’s Commercial Court by Davis Louis Finnegan
The official website of the Commercial Division; http://comcourt.go.tz/
The High Court (Commercial Division) Rules 2012
Civil Procedure Code Cap 33, R.E