THE BOARD OF TRUSTEES OF THE NSSF VS

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUB-REGISTRY OF MWANZA AT MWANZA CIVIL CASE NO. 17613 OF 2024 THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND ………………………….…. 1ST PLAINTIFF THE ATTORNEY GENERAL ………………………………………….. 2ND PLAINTIFF VERSUS EMANUEL KIIZA T/A CENTRAL BUHONGWA SECONDARY SCHOOL ………………………………………………..…. DEFENDANT SUMMARY JUDGEMENT 21st October, 2024 CHUMA, J. The plaintiffs herein by way of summary procedure preferred under Order XXXV of Civil Procedure Code Cap 33 R.E. 2019 read together with Section 74 A 92) of the NSSF Cap 50 R.E 2018 lodged instant suit against the defendant seeking for a judgment and decree as follows; (i) The Defendant be ordered to pay the sum of TZS 94,628,200 (Say Tanzanian Shillings Ninety-Four Million Six Hundred Twenty-Eight Thousand and Two Hundred Only) being the outstanding principal members’ contribution covers various periods between January 2018 to October, 2023, as per paragraph (8) hereinabove. (ii) The Defendant be ordered to pay the sum of TZS 69,390,972.20 (Say Tanzanian Shillings Sixty-Nine Million Three Hundred Ninety 1 Thousand Nine Hundred Seventy-Two and Twenty Cents Only) being the outstanding penalties for late payment of statutory contributions which sum continues to accrue as long as it remains due. (iii) Interest on the decretal sum at the court rate of 7% from the date of delivery of Judgment until the same shall be full satisfied; (iv) Cost of and incidental to the filing of the suit; and (v) Any other and further relief as this Honourable Court shall deem fit and just to grant. When this matter was placed before one for necessary orders on 21.10.2024 Ms. Nancy Senior State Attorney appeared for the plaintiff’s while the defendant entered no appearance in court. In her submission Ms. Nancy Senior State Attorney argued that, the defendant’s was served on 12.08.2024 a service received by Mr. Bariki Mwasikembo the Head Master that they ought to file an application for leave to defend in which they never filed. Today is also absent without notice. Since the matter was filed under Summary Suit as per Order XXXV Rule 2(1) of Civil Procedure Code and because no application for leave to defend was filed by the defendant, she urged this court to enter Summary Judgment under Order XXXV of Civil Procedure Code. From the submission of Ms. Nancy Senior State Attorney and having time to go through the 2 pleadings together with the attached documents, I am duty bound to determine whether there is justifiable reason to enter Summary Judgment in favor of the plaintiff. The record reveals as rightly submitted by Ms. Nancy Senior State Attorney that the defendant was dully served. And that no application for leave to defend from the defendant ever preferred. It is cardinal law that, where a suit is preferred under summary procedure and where no leave to appear and defend has been granted, the allegations in the plaint are deemed to have been admitted as per Order XXXV Rule 2(2) of the Civil Procedure Code. It is not immaterial to bring into body the objective of the summary suit as was held in the case of CRDB Bank Limited Vs. John Kagimbo Lwambagaza [R.E. 2002] TLR 117. In this case the court held that; “The purpose of Order XXXV Summary Procedure is to enable a plaintiff to obtain judgment expeditiously where the defendant has in effect no substantial defence to the suit and prevent the defendant from employing delaying tactics and, in the process, postpone the day of reckoning. I am of the settled view that Order XXXV is self-contained in so far as it relates to the suits stipulated there under”. 3 It is also settled position of law that reliefs prayed for in a summary suit must be reliefs available under summary procedure. See the case of Paul Masawe and two Others Vs. Access Bank Tanzania Limited Civil Appeal No. 39/2014. Guided by the above position of law and from the filed pleadings, I found justification to enter Summary Judgment in favor of the plaintiff against the defendant as follows; (1) I order the defendant to pay the sum of TZS. 94,628,200/=. (2) The defendant should also pay the sum of TZS. 69,390,972.20/=. (3) The defendant shall pay interest in the decretal sum at the court rate of 7% from the date of delivery of this judgment until the same is full paid. (4) The defendant is also condemned to pay cost of the suit. It is so ordered. DATED at MWANZA this 21st day of October, 2024. W.M. CHUMA JUDGE 4 Summary Judgement delivered in court before Ms. Nancy, Senior State Attorney for the plaintiff in the absence of the defendant this 21st day of October, 2024. W.M. CHUMA JUDGE 5