freco equipment vs sino logistics co ltd 2020 tzhccomd 2101 27 november 2020

freco equipment vs sino logistics co ltd 2020 tzhccomd 2101 27 november 2020

The applicant demonstrated existence of triable issues, including the amount claimed and the alleged illegality of the Memorandum of Understanding, warranting the grant of leave to defend the summary suit.

Citation
freco equipment vs sino logistics co ltd 2020 tzhccomd 2101 27 november 2020
Parties
Applicant/defendant: Freco Equipment; Respondent/plaintiff: Sino Logistics Co. Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Commercial Application / Ruling on Application for Leave to Defend Summary Suit
Outcome
Application granted
Legal Topics
Leave to Defend, Summary Suit, Triable Issues, Illegality of Contract
Source Language
English
Civil Procedure Commercial Law Leave to Defend Summary Suit Triable Issues Illegality of Contract

Case Brief

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Parties

Freco Equipment

Applicant/defendant

Sino Logistics Co. Ltd

Respondent/plaintiff

Procedural Posture

Commercial Application / Ruling on Application for Leave to Defend Summary Suit

Legal Issues

  1. 1 Whether the applicant has disclosed facts manifesting a prima facie defence or triable issues to warrant leave to defend the summary suit

Ratio Decidendi

The applicant demonstrated existence of triable issues, including the amount claimed and the alleged illegality of the Memorandum of Understanding, warranting the grant of leave to defend the summary suit.

Court Disposition

Application granted

Orders

  • Leave to defend granted to the applicant in Commercial Case No. 57 of 2020
  • Costs to be in the cause