application for leave to defend Safety limited 2

application for leave to defend Safety limited 2

The applicant failed to demonstrate a triable issue or reasonable defence. Economic hardship is not a valid defence for non-remittance of statutory contributions, and the mere assertion that the claim is unrealistic is insufficient. The application lacked merit and was dismissed.

Citation
application for leave to defend Safety limited 2
Parties
Applicant: Safety Limited; 1st Respondent: The Attorney General; 2nd Respondent: The Board of Trustees of the National Social Security Fund
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Unconditional Leave to Defend Summary Suit
Outcome
Application dismissed
Legal Topics
Summary Procedure, Leave to Defend, Statutory Contributions, Employer Obligations
Source Language
English
Civil Procedure Employment Law Social Security Law Summary Procedure Leave to Defend Statutory Contributions Employer Obligations

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Parties

Safety Limited

Applicant

The Attorney General

1st Respondent

The Board of Trustees of the National Social Security Fund

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Unconditional Leave to Defend Summary Suit

Legal Issues

  1. 1 Whether the applicant has demonstrated a triable issue to warrant unconditional leave to defend the summary suit
  2. 2 Whether economic hardship or claim of unrealistic debt constitutes a reasonable defence under Order XXXV Rule 3(1)(b) and Rule 3(2) of the Civil Procedure Code

Ratio Decidendi

The applicant failed to demonstrate a triable issue or reasonable defence. Economic hardship is not a valid defence for non-remittance of statutory contributions, and the mere assertion that the claim is unrealistic is insufficient. The application lacked merit and was dismissed.

Court Disposition

Application dismissed

Orders

  • Costs to follow the event in the main suit