KYMBILA TEA

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA [ARUSHA SUB REGISTRY] AT ARUSHA CIVIL CASE NO. 9 OF 2023 BETWEEN THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND.................................... 1st PLAINTIFF ATTORNEY GENERAL.................................................................. 2nd PLAINTIFFF VERSUS KYIMBILA TEA PACKAGING COMPANY LIMITED.......................... RESPONDENT CONSENT JUDGMENT 28 & 28/11/2024 MWENDA, J.: This is a consent judgment arising from a mutually acceptable settlement by the parties above. Primarily, the plaintiffs above instituted this suit against the defendant herein for the following reliefs: - i. The Defendant to be ordered to pay the sum of Tshs. 242, 399,322.48 (say Tanzania Shillings Two Hundred and Forty-Two Million, Three Hundred and ninety-Nine Thousand, Three Hundred and Twenty-Two and Forty-Eight Cents) Only, being un- remitted members' 1 I Page contributions pius <wcumukW«wl iwvutHW** th*»»*jn ch* and pay**’**' to the phuntiff by thr Defendant II. The Defendant pays interest on the decretal wm from A<xil 2019, when the sum accrued to the date of judgment at an overall lending rate of 15% per annum as published by the bank of Tanzania Month*/ Economic Review, January 2019 publication. iii. Interest on judgment date (sic) at the prescribed Court rate of 7% from the date of delivery of judgment until the same shall be fully satisfied. iv. Costs of and incidental to the filling of the suit; and v. Any other and further relief as this Honourable as this Honourable Court shall deem fit and just to grant. Whereas the parties herein agreed to settle their dispute amicably, and on 28/11/2024 the parties filed their deed of settlement in this court. The parties' deed of settlement is therefore adopted to form part of the court's proceedings, and I further make the following orders. 1. That, the defendant shall pay the Plaintiff a total sum of TZS 137, 525, 709.60 (Tanzanian Shillings One Hundred Thirty-Seven Million Five Hundred Twenty-Five Thousand Seven Hundred and Nine, Sixty Cents 2|Page Only) being the rem^- Plaintiff wh' h lr>9 StatUtOrV C°ntribUtiOn the defendant owes the Plaintiff which comprises the u m ers principal contribution amounting to TZS 79, 322 59? i kt anzanian Shillings Seventy nine Million Three Hundred and Twentv-Tv^ tk housands Five Hundred and Ninety Two Shillings and Twelve enis) and accumulated penalties amounting to 03, 117.48.(Tanzanian Shillings Fifty Eight Million Two Hundred hree Thousands one Hundred and Seventeen Shillings and Forty Eight Cents.) 2. That the parties hereto further agree that the remittance of the sum referred in Clause 1.1 above shall be paid in twelve (12) instalments for the period of Twelve (12) months effectively from November 2024 to October 2025 in the mode reflected as follows, hereunder: INSTALMENTS PERIOD AMOUNT (TZS) 1st Nov-24 4,000,000.00 2ND Dec-24 4,000,000.00 3RD Jan- 25 4,000,000.00 zjTH Feb-25 11,000,000.00 5th Marc-25 12,000,000.00 6th Apr-25 12,000,000.00 7th May-25 13,525,709.00 8th Jun-25 15,000,000.00 gTH Jul- 25 15,000,000.00 10th Aug- 25 15,000,000.00 11th Sept- 25 15,000.000.00 L 12th Oct- 25 16,000,0000,00 3 I Page TOTAL 137,525,709.60 3. That, the Defendant undertake* to be current In remittance of members' contribution in respect of the Defendant's employees who are the Plaintiff s members without default at any time. 4. That upon fully execution of this deed and satisfaction of clauses 1.1, •2, 1.3 and 1.4 of the Deed of Settlement, there shall be no further rights or obligations as between the parties in relation to this case. 5. That, the parties agreed that the terms of this deed of Settlement shall be binding upon and inure solely to the benefit of the parties hereto and their respective successors in title and representative and shall not be enforceable by or inure to the benefit of any third party from the defendant -employees who are members of the Plaintiff. 6. That, each party shall bear its own legal costs. It is so ordered. DATED at ARUSHA this 28th day of November 2024. JUDGE 4 | Page