NSSF V

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA MUSOMA SUB-REGISTRY AT MUSOMA CIVIL CASE NO. 20240216000003043 (3043/2024) THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND.....................……….………..1ST PLAINTIFF THE ATTORNEY GENERAL………………………………………………..2ND PLAINTIFF Versus CATA MINING COMPANY LIMITED …………………………….…………DEFENDANT CONSENT JUDGEMENT 06/06/2024 & 10/06/2024 Kafanabo, J.: This consent judgment is derived from a deed of settlement duly signed and filed by the parties in this Court on 28th May 2024. The said deed of settlement arises from a summary suit instituted by the Plaintiff under Order XXXV of the Civil Procedure Code, Cap. 33. R.E. 2019 against the Defendant for the following orders: i. Payment of arrears of statutory monthly social security contributions and accumulated penalties in respect of employees who are members of the Plaintiff amounting to Tanzania Shillings Six Billion Sixty-Four Million Eighty-Four Thousand Twenty-Six Ninety-One Cents Only (TZS 6,064,084,026.91); ii. Interest on the decretal sum at the court rate of 7% from the date of the judgment to the date of payment or full satisfaction; iii. Costs of and incidental to the filing of the suit; iv. Any other and further relief the court may deem fit and just to grant; 1 Since the Defendant had no automatic right to appear and defend the suit, she applied for leave to appear and defend a summary suit whilst had expressed her willingness to settle the matter, amicably out of court, to the Plaintiff. The Plaintiff was convinced and satisfied with the intentions of the Defendant and thus the application for leave to appear and defend the suit was not objected. Therefore, on 16th May 2024, the application for leave to appear and defend a summary suit was allowed in order to allow the Defendant to appear in the main suit for purposes of both parties executing a deed of settlement and filing the same in court. The parties reconciled their records for purposes of settling the case amicably and after a follow-up inspection conducted by the Plaintiff for purposes of reconciliation, it was established that the Defendant had outstanding statutory contributions to the tune of Tanzania Shillings Five Billion Two Hundred Twenty-Nine Million Four Hundred Thirty-Three Thousand Two Hundred Ninety-Nine Seventy-Four Cents Only (TZS 5,229,433,299.74) being arrears from the period between December 2017 to December 2023 and accumulated penalties thereon. Moreover, on 06/06/2024 Mr. Aneisius Kamugisha, the learned State Attorney for the Plaintiff and Ms. Mary Joachim, the learned Advocate for the Defendant entered appearance before this court. They went on record addressing the Court that the parties herein have mutually agreed to settle their dispute out of court on the terms and conditions set out in the deed of settlement duly signed by the parties, and filed in this court on 28th May 2024. They further submitted and prayed that the said deed of settlement 2 be adopted and recorded a judgment of this court and that the executable decree be issued as per the law. This court after review of the said deed of settlement filed by the parties herein, and upon satisfying itself that the deed of settlement meets the legal requirements of being recorded as a decision of this court under Order XXIII of the Civil Procedure Code, Cap. 33 R.E. 2019, this court hereby adopts and records the deed of settlement as filed by the parties herein on 28th May 2024, and it is, therefore, part of this consent judgment. Therefore, this suit is hereby marked settled amicably and voluntarily by the parties, and in particular, on the following orders: 1. The Defendant shall pay the Plaintiff a total sum of Tanzania Shillings Five Billion Two Hundred Twenty-Nine Million Four Hundred Thirty- Three Thousand Two Hundred Ninety-Nine Seventy-Four Cents Only (TZS 5,229,433,299.74) being the outstanding statutory contributions and penalties the Defendant owes the Plaintiff. 2. The remittance of the sum referred to in clause 1 above shall be paid in Thirty-Six (36) instalments for the period of Thirty-Six (36) months effective from April 2024 to March 2027. 3. The Defendant undertakes to be current in remittances of members’ contributions in respect of the Defendant’s employees who are the Plaintiff’s members without default at any time. 4. That, upon full satisfaction of clauses 1, 2, and 3 and above herein, there shall be no further rights or obligations between the Parties in relation to this case. 3 5. Mode of Payment The arrears as above stipulated amounting to Tanzania Shillings Five Billion Two Hundred Twenty-Nine Million Four Hundred Thirty-Three Thousand Two Hundred Ninety-Nine Seventy-Four Cents Only (TZS 5,229,433,299.74/=) shall be payable by the Defendant to the Plaintiff in Thirty-Six (36) instalments as clearly itemized in the repayment schedule herein below: S/N REMAINED BALANCE INSTALMENT AMOUNT DUE DATE TZS ON/BEFORE 1. 5,229,433,299.74 1st Instalment 20,000,000.00 30.04.2024 2. 5,209,433,299.74 2nd Instalment 20,000,000.00 31.05.2024 3. 5,189,433,299.74 3rd Instalment 20,000,000.00 30.06.2024 4. 5,169,433,299.74 4th Instalment 20,000,000.00 31.07.2024 5. 5,149,433,299.74 5th Instalment 20,000,000.00 31.08.2024 6. 5,129,433,299.74 6th Instalment 50,000,000.00 30.09.2024 7. 5,079,433,299.74 7th Instalment 50,000,000.00 31.10.2024 8. 5,029,433,299.74 8th Instalment 50,000,000.00 30.11.2024 9. 4,979,433,299.74 9th Instalment 50,000,000.00 31.12.2024 10. 4,929,433,299.74 10th Instalment 50,000,000.00 31.01.2025 11. 4,879,433,299.74 11th Instalment 50,000,000.00 28.02.2025 12. 4,829,433,299.74 12th Instalment 100,000,000.00 31.03.2025 13. 4,729,433,299.74 13th Instalment 100,000,000.00 30.04.2025 14. 4,629,433,299.74 14th Instalment 100,000,000.00 31.05.2025 15. 4,529,433,299.74 15th Instalment 150,000,000.00 30.06.2025 16. 4,379,433,299.74 16th Instalment 150,000,000.00 31.07.2025 17. 4,229,433,299.74 17th Instalment 150,000,000.00 31.08.2025 18. 4,079,433,299.74 18th Instalment 200,000,000.00 30.09.2025 19. 3,879,433,299.74 19th Instalment 200,000,000.00 31.10.2025 20. 3,679,433,299.74 20th Instalment 200,000,000.00 30.11.2025 21. 3,479,433,299.74 21st Instalment 200,000,000.00 31.12.2025 22. 3,279,433,299.74 22nd Instalment 200,000,000.00 31.01.2026 23. 3,079,433,299.74 23rd Instalment 200,000,000.00 28.02.2026 24. 2,879,433,299.74 24th Instalment 200,000,000.00 31.03.2026 25. 2,679,433,299.74 25th Instalment 200,000,000.00 30.04.2026 26. 2,479,433,299.74 26th Instalment 200,000,000.00 31.05.2026 27. 2,279,433,299.74 27th Instalment 200,000,000.00 30.06.2026 28. 2,079,433,299.74 28th Instalment 200,000,000.00 31.07.2026 29. 1,879,133,299.74 29th Instalment 200,000,000.00 31.08.2026 4