attorney general another vs effco solution t limited 2023 tzhc 20614 25 august 2023
Defendant's failure to comply with court order to deposit principal sum and failure to enter defence constitutes admission of plaintiffs' claims, entitling plaintiffs to summary judgment for the outstanding debt and penalties.
- Citation
- attorney general another vs effco solution t limited 2023 tzhc 20614 25 august 2023
- Parties
- Plaintiff: Attorney General; Plaintiff: The Board of Trustees of NSSF; Defendant: Effcco Solution (T) Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 August 2023
- Procedural Posture
- Civil Summary Suit / Final Judgment
- Outcome
- summary judgment for plaintiffs
- Legal Topics
- Summary Judgment, Statutory Contributions, Employer Obligations, Penalties for Default
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Plaintiff
The Board of Trustees of NSSF
Plaintiff
Effcco Solution (T) Limited
Defendant
Procedural Posture
Civil Summary Suit / Final Judgment
Legal Issues
- 1 Whether the plaintiffs are entitled to summary judgment for unremitted pension contributions and penalties under the National Social Security Fund Act and Civil Procedure Code
Ratio Decidendi
Defendant's failure to comply with court order to deposit principal sum and failure to enter defence constitutes admission of plaintiffs' claims, entitling plaintiffs to summary judgment for the outstanding debt and penalties.
Court Disposition
summary judgment for plaintiffs
Orders
- Defendant to pay Tshs. 1,234,457,520.92 as outstanding debt of unremitted members contributions plus penalties.
- Interest on decretal sum from July 2021 to date of judgment at 12% per annum.
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