CIVIL CASE NO

IN THE HIGH COURT OF TANZANIA

MUSOMA SUB REGISTY

AT MUSOMA CIVIL CASE NO. 000027089 OF 2023 REFERENCE NO. 20231207000027089

BETWEEN BUNDATOWN COUNCIL................. ......... ....... .......... .............. 1st PLAINTIFF ATTORNEY GENERAL................................................................ 2nd PLAINTIFF

VERSUS JOHN KIRONGOCHI MARWA............................ DEFENDANT

SUMMARY JUDGMENT 18th & 18th July, 2024 M, L, KOMBA, J.: The Plaintiffs above named filed a Plaint by way of Summary Procedure under Order XXXV of Civil Procedure Code, Cap. 33 [R.E. 2019] praying for payment of a total sum of Tanzania Shillings 27,704,499.93 being service levy which was supposed to be paid to the 1st plaintiff for a diverse period of time from year 2019 to June 2023. Page 1 of 3 In suits of this nature defendant has no automatic right to defend, the leave must be sought and obtained as per provisions of Order XXXV Rule 2(2) of the Civil Procedure Code (Supra). Undoubtedly, failure to obtain leave, the Plaintiffs will be entitled to the Judgement and Decree on the amount claimed. However, plaintiffs sought and obtained leave with conditions and he failed to met conditions. On 18 July 2024 he appeared in court and notify this court that he failed to meet conditions and was willing this court to proceed. Today morning Senior State Attorney while assisted by Mr. Ndalo for the Plaintiffs prayed for a summary judgment under Order XXXV Rule 2(2). The cited provision is to the effect that in default of the defendant obtaining such leave or of his appearance and defence in pursuance thereof, the allegations in the plaint shall be deemed to be admitted. It was pleaded by the 1st Plaintiff while in exercise of its vested statutory power of collecting revenue from various

sources includes taxes, fee and service levy, plaintiff called defendant in a meeting so as they can discuss how to settle the amount but neglected. Page 2 of 3 Without further ado, under Order XXXV Rule 2, I hereby pronounce judgment in favour of the plaintiffs and against the Defendant for the sum of Tanzania Shillings 27,704,499.93 being service levy together with interest of 12% of the decretal sum from the judgement date till final payment. No order as to costs. DATED at MUSOMA this 18th day of July 2024. 2 M. L. KOMBA Judge Judgement delivered in chamber in the presence of Mr. Kitia Turoke Senior State Attorney while assisted by Mr. Stamili Ndalo and Anesius Kamugisha, State Attorneys for plaintiffs and in the absence of defendant. UV M. L. KOMBA Judge 18th July, 2024 Page 3 of 3