oasis energy co llc vs amran mohamed talib another 2012 tzhccomd 21 28 march 2012

oasis energy co llc vs amran mohamed talib another 2012 tzhccomd 21 28 march 2012

The plaintiff proved, through the termination agreement and unchallenged documentary evidence, that the defendants owed USD 476,135. The defendants failed to substantiate their claims of payment or tax deductions with any documentary evidence. The court found the defendants' reasons for stopping payment to be afterthoughts and unsupported. Judgment was entered for the plaintiff for the principal sum and interest.

Citation
oasis energy co llc vs amran mohamed talib another 2012 tzhccomd 21 28 march 2012
Parties
Plaintiff: Oasis Energy Co. LLC; 1st Defendant: Amran Mohammed Talib; 2nd Defendant: MPS Oil (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 March 2012
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Partnership Disputes, Supply of Goods, Outstanding Payments, Cheque Dishonour, Burden of Proof
Source Language
English
Commercial Law Contract Law Partnership Disputes Supply of Goods Outstanding Payments Cheque Dishonour Burden of Proof

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Parties

Oasis Energy Co. LLC

Plaintiff

Amran Mohammed Talib

1st Defendant

MPS Oil (T) Limited

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the defendants owe the plaintiff the sum of USD 476,135.00
  2. 2 To what relief(s) are the parties entitled

Ratio Decidendi

The plaintiff proved, through the termination agreement and unchallenged documentary evidence, that the defendants owed USD 476,135. The defendants failed to substantiate their claims of payment or tax deductions with any documentary evidence. The court found the defendants' reasons for stopping payment to be afterthoughts and unsupported. Judgment was entered for the plaintiff for the principal sum and interest.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay USD 476,135 to the plaintiff
  • Interest at 21% per annum from 10th November 2009 to date of judgment