CIVIL CASE NO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA DAR ES SALAAM SUB REGISTRY AT DAR ES SALAAM CIVIL CASE NO. 16993 OF 2024 ______________________ THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND…………….…………..…………...1ST PLAINTIFF THE ATTORNEY GENERAL…………………………………….2ND PLAINTIFF VERSUS SWEETBERT B.N. BARONGO T/A VICTORY SECONDARY SCHOOL………………………….………..………..DEFENDANT CONSENT JUDGEMENT 31st October 2024 MTEMBWA, J.: The Plaintiffs herein, by way of summary procedure under Order XXXV of the Civil Procedure Code, Cap 33, R.E 2019, instituted this suit against the Defendant for the following orders and I quote in verbatim, that; 1. The Defendant be ordered to pay the sum of Tanzanian Shillings 122,432,000 (One hundred twenty-two Million, four Hundred thousand and thirty-two shillings) being un-remitted members’ contribution plus accumulated penalties thereon due and payable to the first Plaintiff by the Defendant. 2. The Defendant pays interest on the decretal sum from March 2017, when the sum accrued to the date of Judgement at an 1 overall lending interest rate of 16.78% per annum as published by the Bank of Tanzania Monthly Economic Review. 3. Interest on decretal sum debt at the prescribed Court rate of 7% per annum from the date of delivery of Judgement until the same shall be fully satisfied; 4. Cost for this suit and any other incidental costs pertaining to the filing of the suit, and; 5. Any other and further reliefs as this Honourable Court shall deem fit and just to grant. When this matter came for orders on 31st October 2024, Ms. Zainabu Juma, the learned state attorney, appeared for the Plaintiffs while Mr. Hermes Mtatina, the learned counsel, symbolized the presence of the Defendant. When prompted, Ms. Juma reported that, upon negotiations, parties have agreed to settle the matter out of Court on the following terms, that; 1. The Defendant shall pay the Plaintiffs the sum of Tanzanian Shillings 70,194,500/=, payable within nine (9) months from October 2024 to June 2025 as indicated below; a) On or by October 2024, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 2,000,000/=. b) On or by November 2024, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 2,000,000/=. c) On or by December 2024, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 2,000,000/=. 2 d) On or by January 2025, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 10,000,000/=. e) On or by February 2025, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 2,000,000/=. f) On or by March 2025, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 2,000,000/=. g) On or by April 2025, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 10,000,000/=. h) On or by May 2025, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 2,000,000/=. i) On or by June 2025, the Defendant shall pay to the Plaintiffs the sum of Tanzanian Shillings 38,194,500/=. 2. The Defendant shall ensure that the agreed payment schedule above is adhered to, short of which the Plaintiffs shall resort to execute the Decree arising from this Consent Judgment in a manner acceptable by law. 3. Each party shall bear its costs. On his part, Mr. Mtatina agreed and ratified what Ms. Juma clearly stated as the terms of the agreement. He proceeded to implore this Court to issue the Consent Judgment. 3 Considering the circumstances, the terms and conditions agreed upon by the parties are hereby recorded to form part of this Consent Judgment. More occasionally, it has been emphasized in the case of Motor Vessel Sepideh and Another vs. Yusuph Mohamed Yusuph and Two Others, Civil Application No. 237 of 2013, Court of Appeal of Tanzania that where there is a lawful agreement or compromise, the Court is bound to record the settlement once the parties reach it. Considering the above agreed terms and conditions, this suit is marked as settled. In the circumstances, there will be no order as to costs. It is so ordered. Right of appeal explained. DATED at DAR ES SALAAM this 31st October 2024. H.S. MTEMBWA JUDGE 4 5