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Tanzania Judgment

TANZLII

CIVIL CASE NO

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Source document

01

Holding and result

The court found the deed of settlement filed by the parties to be lawful and in compliance with the requirements for amicable settlement, and therefore adopted it as a consent judgment, making it a final decree resolving the dispute.

Court disposition

case settled by consent judgment; final decree entered

Orders

  • Defendant to pay TZS 397,372,383.00 as outstanding principal statutory contributions in 24 equal monthly instalments from July 2024 to June 2026.
  • Defendant to pay remaining penalties amounting to TZS 506,372,983.47 after completion of principal amount payments.
  • Defendant to remain current in remittance of members' contributions for its employees.
  • Each party to bear its own costs except the Defendant shall bear the cost of the Court Broker.
  • Upon full execution of the deed and satisfaction of payment clauses, no further rights or obligations remain between the parties regarding this case.

02

Material facts

Parties

The Attorney General

Plaintiff Counsel: Ms. Getruda, SSA

The Board of Trustees of the National Social Security Fund

Plaintiff Counsel: Ms. Sanura Juma, SSA

Unique Consultancy Services Co. Limited

Defendant Counsel: Jenifer Kivuyo

Amounts and remedies

  • Outstanding Principal Statutory Contributions: TZS 397,372,383
  • Penalties to Be Paid After Principal: TZS 506,372,983.47
  • Monthly Instalment Amount: TZS 16,557,182.625
  • Number of Instalments: 24

03

Procedural history

  1. Posture

    Civil / Consent Judgment

04

Questions and positions

Legal issues

Whether the parties have reached a lawful and enforceable settlement regarding statutory contributions and penalties owed by the defendant to the plaintiffs.

Party arguments

Applicant
Plaintiffs sought payment of unremitted members' contributions plus accumulated penalties, interest, and costs from the defendant.
Respondent
Defendant agreed to settle the outstanding principal statutory contributions and penalties through a deed of settlement, with payment terms specified.

05

Court’s reasoning

  1. 01

    Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 R.E 2019

    A lawful settlement agreement between parties, once recorded by the court, is enforceable as a consent judgment and constitutes a final decree.

06

Ratio, limits and disposition

Ratio decidendi

The court found the deed of settlement filed by the parties to be lawful and in compliance with the requirements for amicable settlement, and therefore adopted it as a consent judgment, making it a final decree resolving the dispute.

Court disposition

case settled by consent judgment; final decree entered

  • Defendant to pay TZS 397,372,383.00 as outstanding principal statutory contributions in 24 equal monthly instalments from July 2024 to June 2026.
  • Defendant to pay remaining penalties amounting to TZS 506,372,983.47 after completion of principal amount payments.
  • Defendant to remain current in remittance of members' contributions for its employees.
  • Each party to bear its own costs except the Defendant shall bear the cost of the Court Broker.
  • Upon full execution of the deed and satisfaction of payment clauses, no further rights or obligations remain between the parties regarding this case.

Source and reliance status

TANZLII · 1 January 2023

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 1 January 2023

CIVIL CASE NO

IN THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA IN THE SUB-REGISTRY OF MTWARA

AT MTWARA CIVIL CASE NO. 01 OF 2023 THE ATTORNEY GENERAL.......................................................... 1st PLAINTIFF

THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND........................................ 2nd PLAINTIFF

VERSUS UNIQUE CONSULTANCY SERVICES CO. LIMITED......................... DEFENDANT CONSENT-JUDGMENT 17th July, 2024 DING'OHI, J; This is a consent judgment following a Deed of a settlement filed in this court by the parties under Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 R.E 2019. Briefly, by way of the plaint, made under summary Procedure in terms of Order XXXV of the Civil Procedure Code Cap. 33 R.E. 2019, the Plaintiffs instituted this suit against the Defendant praying for the judgment and decree of this court as follows; Page 1 of 7 1. The Defendant to be ordered to pay the sum of TZS 904,059,092.71 (Tanzania Shillings Nine Hundred Four Million Fifty-Nine Thousand ninety-two only) being un-remited members' contributions plus accumulated penalties thereon due and payable to the Plaintiff by the Defendant as per paragraph 8.0 and 9.0 hereinabove.

2. Interest on decretal sum at the prescribed court rate of 7% per annum from the date of delivery of Judgment until the same shall be fully satisfied.

3. Cost of this suit and any other incidential costs pertaining to the filing of the suit; and.

4. Any other relief that this Honourable Court shall deem fit and just to grant. On the 13th of February 2024 when this matter came for mention before me parties informed the court that they have agreed to settle their dispute amicably. They prayed that they be allowed to go and reduce the Deed of settlement in writing, the payer which was accordingly granted. On 17th day of July, 2024 the Deed of settlement was filed in this court in terms of the provisions of Order XXIII Rule 3 of the Civil Procedure Code, Cap.33 R.E 2019. Page 2 of 7 I have had a moment to go through the filed deed of settlement. I am satisfied that the same confirms with the requirement of the law relating to the amicable settlement of dispute. Given the above, the deed of settlement is hereby recorded and adopted to form part of this consent judgment as prayed by the parties as follows; - 1. That, Defendant shall remit the Plaintiff a total sum to TZS. 397,372,383.00 (Three Hundred Ninety-Seven Million. Three Hundred Seventy Thousand, Three Hundred Eight Three shillings and zero cents only) being the outstanding principal statutory contributions.

2. That, Defendant shall remit the principle member contribution amount to TZS. 397,372,383.00 (Three Hundred Ninety-Seven Million. Three Hundred Seventy Thousand, Three Hundred Eight Three shillings and zero cents only) of being the outstanding principal statutory contributions and penalties in 24 months as indicated in the deed of settlement.

3. That, the remaining penalties amount TZS. 506,372,983.47 will be paid after the completion of the principal amount.

4. That, the parties hereto further agree that the remittance of the sum referred in clause 1.1 above shall be paid in monthly equal instalments Page 3 of 7 for period of Twenty-four (24) months effectively from July 2024 to June 2016.

5. That, the Defendant undertakes to be current in remittance of members' contributions in respect of the Defendant's employees who are Plaintiff's members without default at any time.

6. That, the parties agrees that this Deed of Settlement shall be filed in court to signify the parties' agreement and the parties by way of this Deed, notify the court that the Parties have agreed to settle the matter in the modalities stipulated herein.

7. That, upon fully execution of this Deed and satisfaction of clauses 1,2,3 and 4 herein, there shall be no further rights or obligations as between the parties in relation to this case. As agreed by parties, the arrears of the money amounting to TZS. 397,372,386.00 (Three Hundred Ninety-Seven Million) shall be payable in twenty-four (24) monthly equal instalments to the PLAINTIFFS as clearly itemized in the repayment schedule below: Page 4 of 7 Period Instalment Amount (TZS) July 2024 1st 16,557,182.625 August 2023 2nd 16,557,182.625 September 2024 3rd 16,557,182.625 October 2024 4th 16,557,182.625 November 2024 5th 16,557,182.625 December 2024 6th 16,557,182.625 January 2025 7th 16,557,182.625 February 2025 8th 16,557,182.625 March 2025 gth 16,557,182.625 April 2025 10th 16,557,182.625 May 2025 11th 16,557,182.625 June 2025 12th 16,557,182.625 July 2025 13th 16,557,182.625 August 2025 14th 16,557,182.625 September 2025 15th 16,557,182.625 October 2025 16th 16,557,182.625 November 2025 17th 16,557,182.625 December 2025 18th 16,557,182.625 January 2026 19th 16,557,182.625 February 2026 20 16,557,182.625 March 2026 21st 16,557,182.625 April 2026 22nd 16,557,182.625 May 2026 23rd 16,557,182.625 June 2026 24th 16,557,182.625 Total 397, 372,383.00 Page 5 of 7 On the costs, parties have agreed that save for the cost of the Court Broker which the DEFENDANT shall bear, all other

costs and expenses incurred in connection with the suit and the Deed of Settlement including, but without limitation to attorneys, accountants, financial advisors, Court fees and any other costs incurred by any of the Parties herein shall be paid by the party incurring such expenses. The deed of settlement being signed by both parties herein constitutes a final decree of this court, and it marks the end of the dispute in respect of Civil Case No. 01 of 2023. Order accordingly. DATED at MTWARA this 17th day of July 2024. Page 6 of 7 COURT: Judgment delivered this 17th day of July 2024 in the presence of Ms. Getruda, SSA and Ms. Sanura Juma, SSA for the Plaintiffs and Jenifer Kivuyo, a learned advocate for the Defendant. Page 7 of 7

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Civil Procedure Code, Cap.33 R.E 2019

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