the board of trustee of the national social security fund vspower and network back up limited 2020 tzhclandd 4007 29 december 2020

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM- MEDIATION CENTRE CIVIL CASE NO. 45 OF 2020 THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND............................. PLAINTIFF VERSUS POWER & NETWORK BACK-UP LIMITED.......................................... DEFENDANT CONSENT SETTLEMENT ORDER The parties having consented to settle this case through mediation, now agree as follows; 1. That, the Plaintiff and the Defendant have agreed that the Defendant shall pay the Plaintiff a total sum of Tzs 870,160,271.76 (say Tanzanian Shillings Eight Hundred Seventy Million One Hundred Sixty Thousand Two Hundred Seventy One and Seventy Six cents only) being the outstanding statutory contributions payable to the Plaintiff by the Defendant. 2. That they further agreed that the remittance of the sum referred in paragraph 1 above shall be paid in monthly installments of Tzs 24,171,118.66 (say Tanzanian Shillings Twenty four Million One hundred Seventy One Thousand one Hundred Eighteen and Sixty Six Cents only) for the period of thirty six (36) months effectively from January 2021 to December 2023 as per Schedule of Payment shown herein below. 1 SCHEDULE OF PAYMENT PERIOD INSTALMENT AMOUNT (TZS) January, 2021 1st 24,171,118.66 February, 2021 2nd 24,171,118.66 March, 2021 3rd 24,171,118.66 April,2021 4th 24,171,118.66 May,2021 5th 24,171,118.66 June,2021 6th 24,171,118.66 July, 2021 7th 24,171,118.66 August, 2021 8th 24,171,118.66 September,2021 gtfi 24,171,118.66 October, 2021 10th 24,171,118.66 November, 2021 nth 24,171,118.66 December, 2021 12th 24,171,118.66 January, 2022 13th 24,171,118.66 February, 2022 14th 24,171,118.66 March, 2022 15th 24,171,118.66 April, 2022 16th 24,171,118.66 May, 2022 17th 24,171,118.66 June, 2022 18th 24,171,118.66 July, 2022 19th 24,171,118.66 2 August, 2022 20th 24,171,118.66 September, 2022 21st 24,171,118.66 October, 2022 22nd 24,171,118.66 November, 2022 23rd 24,171,118.66 December, 2022 24th 24,171,118.66 January, 2023 25th 24,171,118.66 February, 2023 26th 24,171,118.66 March, 2023 27th 24,171,118.66 April, 2023 28th 24,171,118.66 May, 2023 29th 24,171,118.66 June, 2023 30th 24,171,118.66 July, 2023 31st 24,171,118.66 August, 2023 32nd 24,171,118.66 September, 2023 33rd 24,171,118.66 October, 2023 34th 24,171,118.66 November, 2023 35th 24,171,118.66 December, 2023 36th 24,171,118.66 3. That, the Defendant undertakes to be current in remittance of members' contributions in respect of the Defendant's employees who are the plaintiffs members with effect from December 2020 onwards and by way of this Consent Settlement Order, the parties have agreed to settle the matter in the modalities stipulated hereinabove. 3 4. That, this consent Settlement Order shall, upon being signed and upon payment of the sum stipulated herein and in the modality described in the schedule of payment as well as the fact that the Defendant remains current in remittance of members' contributions, finally satisfies the Decree and shall have the same effect as otherwise fully and finally satisfied Decree and there shall be no further rights or obligations as between the parties in relation to this case. 5. That, this consent Settlement Order shall have the same effect as a Decree duly made by the court capable of being executed in the same manner as any other decree of the court, that in the event of default of any and/or the terms of this Consent Settlement Order and the usual default clause shall appiy. 6. That, all costs and expenses incurred in connection with the suit and/or this Consent Settlement Order including, but without limitation to attorneys, accountants, financial advisors and court fees and any other costs incurred by any of the parties herein shall be paid by the party incurring such expenses. 7. That, the parties agree that the terms of this Consent Settlement Order shall be binding upon and insure solely to the benefit of the parties hereto and their respective successors in title and representatives and shall not be enforceable by or inure to the benefit of any third party apart from the Defendant's employees who are the Plaintiff's members. 8. That, no waiver of the breach of the terms of or any default under this Consent Settlement Order shall be deemed as waiver of a subsequent breach or default or in any way affect the other terms of this Consent Settlement Order. WILLIAM E. ERIO DR. GILLIARD LOTH DIRECTOR GENERAL MANAGING DIRECTOR Signature (For Plaintiff) Signature (For Defendant) DAR ES SALAAM POWER & NETWORK BANK UP LTD Address P.O.Box 1322 Address P.O.Box 31006 DAR ES SALAAM DAR ES SALAAM Mob: Mob: 0655660130 Date: 29/12/2020 Date: 29/12/2020 4 SULEIMAN A.MSANGI AUGUSTINE RUTAKOLEZIBWA Ag. DIRECTOR OF LEGAL SERVICES ADVOCATE Signature (Plaintiff Legal; Signature (Defendant's Advocate) Address P.O.Box 1322 Address P. O. Box 8475 DAR ES SALAAM DAR ES SALAAM Mob: 0746264270 VENTRIX ATTORNERYS. Date: 29/12/2020 60 RAHA TOWER 2ND FLOOR BIBI TITI/AZIKIWE Mob: 0754232424/0686865447 Date: 29/12/2020 5