CIVIL CASE NO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

DAR ES SALAAM SUB REGISTRY

AT DAR ES SALAAM CIVIL CASE NO. 13198 OF 2024 ______ THE HON. ATTORNEY GENERAL …………..…………....1ST PLAINTIFF

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

VERSUS CHACHA WAMBURA HEALTH CENTRE…..……..………...DEFENDANT

SUMMARY JUDGEMENT Date of last order: 20th March 2025 Date of Judgement: 24th March 2025 MTEMBWA, J.: The Plaintiffs herein, by way of summary procedure under Order XXXV of the Civil Procedure Code, Cap 33, R.E 2019, instituted this suit against the Defendant for the following orders, and I quote; (i) That the Defendant be ordered to pay the sum of Tanzanian Shillings 11,681,500/= (Says Tanzanian Shillings Eleven Million Six Hundred Eighty-One Thousand Five Hundred only) being un-remitted members' statutory contributions and accumulated penalties thereon due and payable to the first Plaintiff by the Defendant. (ii) Interest on the decretal sum at the prescribed Court rate of 1 7% per annum from the date of delivery of the judgment until the same shall be fully satisfied; (iii) Cost for the suit and any other incidental costs pertaining to the filing of the suit; and (iv) Any other and further relief as this Honourable Court may deem fit and just to grant. When this matter came for orders on 26 June 2024, only the Plaintiffs were represented. On 8th October 2024, Mr. Emmanuel Malima, the learned counsel, appeared for the Defendant while Mr. Kenedy Kasongwa, the learned state attorney, represented the Plaintiffs. When prompted, Mr. Malima informed this Court that his client was negotiating with the Plaintiffs to settle the matter out of Court. Since then, the matter had been

called for orders pending the finalization of the negotiations. On 27th February 2025, Mr. Masile Chacha, the Defendant’s director, appeared for the Defendant while, as usual, Mr. Kasongwa symbolized the presence of the Plaintiffs. Parties informed this Court that a Deed of Settlement had already been prepared and implored this Court to adjourn the matter to enable them to file it electronically. On 20th March 2025, the parties appeared reporting that they had not executed the Deed of Settlement and so it was not filed electronically as previously promised. While Mr. Kasongwa prayed for summary judgment, Mr. Masile implored 2 this Court to extend time within which negotiations would be finalized. Consequently, I refused the Defendant’s prayer and scheduled this matter for Summary Judgement, which I will now give. Before I delve into the nitty gritty of this matter, I find it opt to narrate the factual background information leading to this battle as revealed by the Plaint. According to the Plaint, the Defendant is a registered contributing member employer of the 2nd Plaintiff with a Membership Certificate of Registration Number 997492 dated 7th February 2013. According to the law establishing the 2nd Plaintiff, the Defendant is required each month to make its compulsory contribution and that of its employees at a 10%/10% rate, respectively, equal to 20% of the (member)

employees’ wages. Despite the fact that Defendant is so obliged in law, she failed, neglected, ignored, and or defaulted to remit the members' statutory contributions to Plaintiff for some of the months and delayed remittance in some months, which attracted imposition of the penalty. It was revealed further that the undesirable act of the Defendant of ignoring, delaying, refusing, neglecting, and or defaulting to remit to the Plaintiff the members' contributions not only that it is against the law but also denies her employees (Plaintiff's members) of their rightful pension benefits in 3 the event they retire, die and or when they leave the scheme in any other manner. The facts reveal further that the Defendant is in breach of its statutory obligations and has defaulted remittance of members' statutory contributions amounting to Tanzanian Shillings 7,330,000 (Says Tanzanian Shillings Seven Million Three Hundred Thirty Thousand only) being the outstanding principal members’ contributions covering the period between January 2020 to November 2022 with accumulated penalties amounting to Tanzanian Shillings 4,351,500 (Says Tanzanian Shillings Four Million Three Hundred Fifty One Thousand Five Hundred) which amounts shall continue to accrue as long as stand unpaid. As a result of the Defendant's breach and failure to heed its statutory obligations to remit members' statutory

contributions, the Plaintiffs demanded performance on numerous occasions without success. To fortify the claimed sum, the Plaintiffs attached to the Plaint the following documents: Copies of the Certificates of Registration and registration details certifying the Defendant's membership with the 2nd Plaintiff; inspection reports, exit meeting reports, schedule of outstanding contributions, a sheet of a list of employees, Penalty notices, the demand letters by the 2nd Plaintiff addressed to the Defendant and a reply thereof 4 by the Defendant. They are deemed to have been received to form part of the records. It is for these facts the Plaintiffs have advanced the prayers as prefaced above. Indeed, it is a settled position of the law that where a suit is brought under the summary procedure and where no leave to appear and defend has been granted, the allegations in the Plaint are deemed to have been admitted (See Order XXXV Rule 2(2) of the Civil Procedure Code). Ideally, summary suits are fast-tracked civil proceedings whereby the Plaintiff desires to proceed in Court on causes of action emanating from a statutory organization (see also the Gaming Board of Tanzania Another vs. Sadick Sudi Kasuhya (Civil Case No 175 of 2021) 2023 TZHC 22200 (27 October 2023). The objectives of the summary suits were underscored in the case of CRDB Bank Limited vs. John Kagimbo Lwambagaza [2002]

TLR 117, where the Court observed that; The purpose of Order XXXV: Summary Procedure "is to enable a Plaintiff to obtain Judgement expeditiously where the Defendant has in effect no substantial defense to the suit and prevent the Defendant from employing delaying tactics and, in the process, postpone the day of reckoning. I am of the settled view that order XXXV is self-contained in so far as it relates to suits stipulated there-under. 5 Conversely, it is settled that reliefs prayed for in a summary suit must be available under the summary procedure. In the case of Paul Massawe & 2 Others vs. Access Bank Tanzania Limited, Civil Appeal No. 39 of 2014 (unreported), the Court of Appeal quoted the script on page 3311 of Mulla, the Code of Civil Procedure, and observed that; The reliefs prayed for in a summary suit must be reliefs available under summary procedure, that is based on a written agreement or a negotiable instrument or as otherwise provided by 0. 37 of the code of civil procedure (equivalent to our order XXXV) Having dispassionately considered the above-settled position of the law, annunciated principles, the facts and attached documents as revealed by the records, I hereby, summarily, enter Judgement in favour of the Plaintiffs on the following reliefs; (1) The Defendant is ordered to pay to the 2nd Plaintiff the sum of Tanzanian Shillings 11,681,500/= (Says

Tanzanian Shillings Eleven Million Six Hundred Eighty-One Thousand Five Hundred only) being un-remitted members' statutory contributions and accumulated penalties. (2) Interest thereof at the Court’s rate of 7% per annum from the date of delivery of the judgment to the date of full recovery and; (3) The Plaintiffs shall recover the costs arising from the suit. 6 It is so ordered. Right of appeal explained. DATED at DAR ES SALAAM this 24th March 2025. H.S. MTEMBWA

JUDGE 7 8