20161110 TZHC Arusha 2

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF ARUSHA) AT ARUSHA I CIVIL CASE NO. 19 OF 2016 THE BOARD OF TRUSTEES OFTHE NATIONAL SOCIAL SECURITY FUND ••••••••••••••••••• .- •••••••••••••.•••.•.•..•.•••.•••.••• PLAINTIFF VERSUS FODEY SECURITY AND ALARM SYSTEM (TZ) LTDi. ■■ I ■■■ I ■• ■■ .II. 111 111. I I . I I I • • I • • • • ■•■■•■ •• ■■ •• ■■•■• DEFENDANT JUDGMENT DR. M. OPIYO, J. This is judgement in relation to a summary suit preferred under order XXV of the Civil procedure Code, whereby the plaintiff is praying for Judgment in terms of rule 14 (1) of order VIII and order VIII A of the Civil Procedure Code, Cap 33 R.E 2002 andSection 18 of the National Social Security Fund Act [Cap 50 R.E 2002] as amended by section 48 of the Social Security Laws Amendment Act, NO. 5 of 2012. It is alleged in the plaint that that the Plaintiff's Fund Inspector further prepared statutory schedule of arrears of contributions detailing the employees entitled to the contribution and amount for each month. The said schedules of arrears details the number of employees, monthly dues and total dues of contributions. The same was attached collectively marked Annexure NSSF 3.That the Defendant was notified of the arrears of 1 contributions but refused, neglected/ and or otherwise failed to pay the amount. The said notice formedAnnexure NSSF 4.That being the case, the plaintiff's claims against the Defendant is for the following;- 1. That, the Defendant be ordered to pay the Plaintiff the outstanding arrears of contributions amounting to TZS 152,221,217.00/= (say Tanzania Shillings One Hundred Fifty Two Million Two Hundred Twenty One Thousand Two Hundred Seventeen Only). 2. That, the Defendant to be ordered to p~y statutory penalties at the rate of 5% compound interest for each month of delay from the date of default to the date of full pay; 3. That the Defendant to be ordered to pay Interest at court rate at the rate of 7% from the date of judgment to the date of full pay for the amount in (1) and (2) hereinabove 4. Defendant to be ordered to pay costs of the suit; and 5. Any other relief(s) this Honourable court shall deem fit to grant for the Plaintiff. When the matter was scheduled for hearing on 8/9/2013 the counsel for the plaintiff, Mr. Mugeta submitted that in a suit summary suit like this, the defendant shall not appear or defend the suit unless he obtains leave of the court so to appear or defend. That, in default of obtaining such leave of his appearance and defence in pursuance thereof, the allegation in the plaint shall be deemed to have been admitted and the plaintiff shall be entitled to a decree for a sum not exceeding the sum mentioned in the summons, together with interest at the rate specified (if any) and suchsum 2 • for costs as may be prescribed, unless the plaintiff claims more than such fixed sum, in which case costs shall be ascertained in the ordinary way and such decree may be executed forthwith as per order XX.XV rule 2 (a) of the Civil Procedure Code). I have given due consideration to the submission of Mr. Mgeta, the counsel for the plaintiff. The defendant attempted to find a chance to make application for leave and this court leniently ruled out in their favour to enable them do so, but they still neglected to take up that chance.In the circumstances, since the defendant failed to seek leave to defend irrespective of the service and extension of time availed to him to do so, the judgment is entered in favour of the plaintiff as follows. (a} Defendant shall to pay the Plaintiff the outstanding arrears of contributions amounting to TZS 152,221,217.00/= (say Tanzania Shillings One Hundred Fifty Two Million Two Hundred Twenty One Thousand Two Hundred Seventeen Only). (b) Defendant shall pay statutory penalties at the rate of 5% compound interest for each month of delay from the date of default to the date of judgement (c) Defendant shall pay interest at court rate of 7% from the date of judgment to the date of full pay for the amount in (a) and (b) hereinabove (d) Costs of the suit to be borne by the defendants. 3 It is so ordered. (Sgd) I DR. M'. OPIYO, I JUDGE I 9/9/2016. ! I I hereby certify this to be a true copy of the original. . I ! . ~- ! DEPUTY REGISTRAR I : ~RUSHA : .~o}lt}'lolt> 4 I. I