SUMMARY JUDGMENT ATTORNEY GENERAL AND NSSF VS RSTGA SACCOS CIV CASE NO 26044 OF 2023

SUMMARY JUDGMENT ATTORNEY GENERAL AND NSSF VS RSTGA SACCOS CIV CASE NO 26044 OF 2023

The defendant failed to apply for leave to defend the summary suit; therefore, the plaintiffs’ claims are deemed admitted and judgment is entered in their favour for the outstanding contributions, penalties, interest, and costs.

Citation
SUMMARY JUDGMENT ATTORNEY GENERAL AND NSSF VS RSTGA SACCOS CIV CASE NO 26044 OF 2023
Parties
1st Plaintiff: Attorney General; 2nd Plaintiff: The Board of Trustees of the National Social Security Fund; Defendant: R.S.T.G.A SACCOS
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Case (summary Procedure) / Summary Judgment
Outcome
Judgment for the plaintiffs.
Legal Topics
Summary Procedure, Statutory Contributions, Employer Obligations, Penalties for Non Remittance
Source Language
English
Civil Procedure Social Security Law Summary Procedure Statutory Contributions Employer Obligations Penalties for Non Remittance

Case Brief

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Parties

Attorney General

1st Plaintiff

The Board of Trustees of the National Social Security Fund

2nd Plaintiff

R.S.T.G.A SACCOS

Defendant

Procedural Posture

Civil Case (summary Procedure) / Summary Judgment

Legal Issues

  1. 1 Whether the defendant failed to remit statutory members’ contributions and penalties as required by law
  2. 2 Whether the plaintiffs are entitled to the claimed sum, interest, and costs under summary procedure

Ratio Decidendi

The defendant failed to apply for leave to defend the summary suit; therefore, the plaintiffs’ claims are deemed admitted and judgment is entered in their favour for the outstanding contributions, penalties, interest, and costs.

Court Disposition

Judgment for the plaintiffs.

Orders

  • Defendant to pay TZS 23,082,358 to the 2nd plaintiff as outstanding contributions and penalties.
  • Defendant to pay interest at 7% per annum on the decretal sum from the date of judgment until full satisfaction.