attorney general another vs effco solution t limited 2023 tzhc 20614 25 august 2023

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

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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

  1. 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.