oasis energy co llc vs amran mohamed talib another 2010 tzhccomd 28 11 november 2010

The existence of a dispute over the amount claimed and the circumstances of cheque issuance and stop payment constitute triable issues, justifying leave to defend.

Citation: oasis energy co llc vs amran mohamed talib another 2010 tzhccomd 28 11 november 2010
Parties: Plaintiff: Oasis Energy Co LLC; 1st Defendant/applicant: Amran Mohammed Talib; 2nd Defendant/applicant: MPS Oil (T) Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 11 November 2010
Procedural Posture: Commercial Case / Application for Leave to Appear and Defend (summary Suit)
Outcome: Application granted
Legal Topics: Summary Suit, Leave to Defend, Breach of Contract, Cheque Dishonour
Source Language: English

Commercial Law Civil Procedure Summary Suit Leave to Defend Breach of Contract Cheque Dishonour

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Parties

Oasis Energy Co LLC

Plaintiff

Amran Mohammed Talib

1st Defendant/applicant

MPS Oil (T) Ltd

2nd Defendant/applicant

Procedural Posture

Commercial Case / Application for Leave to Appear and Defend (summary Suit)

Legal Issues

1 Whether the defendants have shown triable issues to warrant leave to appear and defend the summary suit
2 Whether the defendants owe the plaintiff the claimed amount

Ratio Decidendi

The existence of a dispute over the amount claimed and the circumstances of cheque issuance and stop payment constitute triable issues, justifying leave to defend.

Court Disposition

Application granted

Orders

Leave granted to file written statement of defence within seven days
No order as to costs