National Bank of Commerce versus National Chicks Corporation Ltd and Others

National Bank of Commerce versus National Chicks Corporation Ltd and Others; Commercial Case No 11 of 2014:  High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Civil Procedure

• Commercial Court Rules – Failure to file witness statement – effect.

Held:-

(i) Failure to file a witness statement is tantamount to failure to prosecute a case in court.  As such the other party to the suit has nothing to cross examine for there is no evidence to testify to the court.

(ii) Under the Commercial Court Rules, in matters initiated by plaints, in the absence of witness statement, oral evidence shall not be entertained.