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IN THE UNITED REPUBLIC OF TANZANIA

JUDICIARY

THE HIGH COURT OF TANZANIA MBEYA SUB - REGISTRY

AT MBEYA CIVIL CASE NO. 4465 OF 2024 THE ATTORNEY GENERAL….………………………………….………1ST PLAINTIFF

THE BOARD OF THE TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND……………………2ND PLAINTIFF

VERSUS BOMBA RADIO FM……………………………………………….............DEFENDANT

SUMMARY JUDGEMENT Date: 14 August 2024 & 22 August 2024 SINDA, J.: The second plaintiff herein, the Board of Trustees of the National Social Security Fund (the NSSF), through the first plaintiff the Attorney General instituted this summary suit, against the defendant, under order XXXV of the Civil Procedure Code, Cap. 33, R.E 2019 (the CPC) read together with section 74A (2) of the National Social Security Fund Act, Cap. 50, R.E 2018 claiming TZS 11,784,920.00/= being outstanding principal member’s contribution and accumulated penalties of TZS 5,331,490.00/= for the period between July 2019 to July 2022. 1 The second plaintiff alleged that the defendant being an employer and a registered member with registration No. 994214 is duty bound to remit to the NSSF statutory monthly social insurance contributions for her employees. However, despite such obligation, the defendant has not remitted the mandatory statutory contribution in respect of her employees. Consequently, the principal sum, comprising of 20% of each employee’s monthly salary, has accumulated to TZS 11,784,0920.00/= and the accrued penalties has scaled to TZS 5,331,490.00/= making the total outstanding sum of TZS 17,116,410.00/= which is now claimed in this suit. Upon a notice for summary suit been issued and served on the defendant she did not seek for the leave which would have enabled her to appear and defend

herself. The second plaintiff, represented by Ms. Austrida Semayoga, learned State Attorney invited this court to enter a summary judgment and decree in favour of the second plaintiff in terms of Order XXXV of the CPC. It is settled that where a summary suit is filed the defendant can neither enter appearance or defend himself unless he obtains a leave of court. Failure to obtain leave is tantamount to an admission of the claims and entitles the plaintiff to a decree as per Order XXXV of the CPC. Under the circumstances and guided by the principle behind summary procedure, I am of the settled view that this is a fit case for summary judgment to issue. Accordingly, a summary judgment is entered in favour of the second plaintiff that the defendant has offended the mandatory 2 statutory duty to remit her employee’s social insurance contributions to the second plaintiff. The defendant is consequently ordered to pay: 1. The outstanding amount of TZS 17,116,410.00/= comprising of unremitted members’ contributions due to the plaintiff as statutory social insurance contribution for the period between July 2019 to July 2022 plus accumulated penalties; 2. An interest on the decretal amount at the rate of 7% per annum charged from the date of judgment to the date of full payment; and 3. Costs of this suit. DATED at MBEYA on this 22 day of August 2024. A. A. SINDA

JUDGE 3