summary judg

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (DAR ES SALAAM SUB-REGISTRY) AT DAR ES SALAAM CIVIL CASE NO. 16742 OF 2024 CASE REF. NO. 202407121000016742 THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND---------------------------1ST PLAINTIFF THE ATTORNEY GENERAL---------------------------------------2ND PLAINTIFF VERSUS AKM GLITTERS COMPANY LIMITED-------------------------------DEFENDANT SUMMARY JUDGMENT: 11th & 13th Dec. 2024 KIREKIANO, J : The plaintiffs instituted a civil suit under summary procedure against the defendant, claiming, among other things, for payment of Tshs. 980,248,812.10 (Tanzanian Shillings Nine Hundred Eighty Million Two Hundred Forty-Eight Thousand Eight Hundred Twelve and Ten Cents only), being unremitted members’ contributions plus accumulated penalties. The second plaintiff is a government corporation and a social Security Fund/scheme established under the National Social Security Fund Act 1 (Cap 50 R.E 2018). The defendant is a company incorporated under the laws of Tanzania and registered as a contributing member employer of the 2nd plaintiff with Registration No. 1009505. It is contended that, under the laws establishing the 2nd plaintiff, the defendant is obliged to remit members’ contributions each month, 10% of the employee's gross salary and 10% by the employer making a total of 20%. The defendant thus defaulted on the remittance of members’ principal contributions for the periods between August 2018 to May 2024 and, as a result, attracted the penalty amounting to TZS 83,098,168.00/=. It is further revealed that the defendant was reminded by the 1st plaintiff to perform the said statutory obligation on remittance of the member’s contribution to no avail. The plaintiffs have filed a summary suit against the defendants, praying for the following reliefs. i) That, the defendant be ordered to pay the sum of TZS 980,248,812.10 (Tanzania Shillings Nine Hundred Eighty Million Two Hundred Forty0Eight Thousand Eight Hundred Twelve and Ten Cents Only) being un- remitted members’ statutory contributions and accumulated penalties thereon due and payable to the first plaintiff by the defendants. 2 ii) 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. iii) Cost for the suit and any other incidental costs pertaining to the filling of the suit. iv) Any other and further relief as this Honourable Court may deem fit and just to grant. The defendant, upon service, filed an application for leave to defend the suit, that is Misc. Civil Application No. 22577 of 2024. Upon hearing both parties, this Court of 11th November 2024 dismissed the application for want of triable issues. I have examined the plaint the same shows the total outstanding contributions plus accumulated penalties is Tshs. 980,248,812.10 (Tanzanian Shillings Nine Hundred Eighty Million Two Hundred Forty-Eight Thousand Eight Hundred Twelve and Ten Cents only), being the default remittance members’ principal contribution plus the accumulated penalties. As provided under Order XXXV Rule 2(2) of the Civil Procedure Code, that where a summary suit is not defended, the allegations contained in the plaint are deemed to be admitted. See CRDB Bank Limited vs John Kagimbo Lwambagaza [2002] TLR117. Based on the foregoing, I enter summary judgment in favour of the plaintiff as follows. 3 1. The defendant is to pay the 1st plaintiff TZS 980,248,812.10 (Tanzanian Shillings Nine Hundred Eighty Million Two Hundred Forty-Eight Thousand Eight Hundred Twelve and Ten Cents only), being the default remittance members’ principal contribution plus the accumulated penalties thereon. 2. Interest on the decretal sum at the court rate of 7% per annum from this date of Judgment until final payment. 3. Cost of this suit. A. J. KIREKIANO. JUDGE 13.12.2024. COURT: Summary judgment delivered in the presence of Mr Gopfrey Ngwembe for the plaintiff and in the absence of the defendants. 4 A.J. KIREKIANO. JUDGE 13.12.2024 5