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IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (MOROGORO SUB REGISTRY)

AT MOROGORO CIVIL CASE NO. 15454 OF 2024

THE OFFICE OF ATTORNEY GENERAL PLAINTIFF

THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND 2'^'^ PLAINTIFF

VERSUS

TWIYAWE COMPANY LIMITED T/A VAMOS HOTEL DEFENDANT Date of Last order: 06/02/2025 Date of Judgement:07/02/2025

SUMMARY JUDGEMENT MAGOIGA.J. This is a summary judgement. The piaintiffs/ THE OFFICE OF ATTORNEY GENERAL and THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND under summary procedure vide Order XXXV of the Civil Procedure Code [Cap 33 R.E.2019] ready together with section 74A (2) of the Sociai Security Funds Act,[Cap 50 R.E.2018] by a plaint instituted the instant suit against the defendant praying for judgement and decree in the following orders: - , 1 a) The defendant to be ordered to pay the sum of Tshs.33,185,000/= (say Tanzania Shillings Thirty-Three Million One Hundred Eighty- Five Thousand Only) being un-remitted members contributions plus accumulated penalties thereon due and payable to the plaintiffs as per paragraph 9 hereinabove; b) Costs of this suit and any other incidental costs pertaining to the filing of this suit, and; c) Any other/ relief this honourable court may deem fit and just to grant. The facts, of this suit as gathered from the plaint are that, the defendant is registered as contributing mernber employer of the 2"^ plaintiff with the law establishing the 2"^ plaintiff and was issued with membership certificate I with registration No. 1005916 and as such was required in each month to make its own compulsory contribution and that of its employees at the rate of 10 per cent each and remit the same to the 2"^ plaintiff. Despite knowing its legal

obligations towards the 2"^ plaintiff, the defendant has failed, neglected, ignored, and defaulted to remit the members' contributions for some months and the delay has attracted penalties. The act of the defendant JM. is not only against the law but also denies the employees to be paid rightful pension benefits after retirements. Further facts went on that at the institution of this suit, the defendant had defaulted Tshs.l6,160,000/= being principal contribution covering period between June, 2019 and October, 2023 and penalties amounting to Tshs.17,025,000/-. It is against the above background; the plaintiffs instituted the instant suit claiming the amount as indicated in the plaint. / The record of the court is loud and clear that, the plaintiff instituted the instant suit under summary procedure. The efforts by the plaintiff to serve the defendants in normal way done on 24^^ October, 2024 and an affidavit of proof of service was put forward before this court. When this suit was called on for orders on 06^*^ day of February/ 2025, it was noted that despite the defendant being dully served, no application for leave to file defence has been! filed. Consequently,. the-learned State Attorneys for the plaintiffs, Ms. Elfrida Rutashobya and Mr. Baraka Mgaya prayed that, this court to be pleased to grant summary judgement under Order XXXV of the Civil Procedure Code,[Cap 33,R.E

2019] ready together with section 74A(2) of the Social Security Funds Act,[Cap 50 R.E.2018] as prayed in the plaint. The learned advocate for the plaintiff cited the case of COMMERCIAL BANK OF AFRICA (T) LIMITED vs. ESTER JAPHET MHAYE t/a ESTHER AGRO AND GENERAL SUPPLY AND ANOTHER, COMMERCIAL CASE NO 21 OF 2008 (HCCD) DSM (UNREPORTED) AND NATIONAL BANK OF COMMERCE LIMITED vs. JACQUILINE MICHAEL KIMARO AND ANOTHER, COMMERCIAL CASE NO.l OF 2017 (HCCD) DSM (UNREPORTED) for guidance and In which a summary judgement was ordered in circumstances similar to this suit. Having considered the learned State Attorneys prayers, this court noted that, there is no dispute that, defendant was served in accordance with the law. However, ever since this suit was instituted Way bacK in 2024, no application for leave to defend summary suit has been preferred and as such no written statement of defence has beep filed so far nor any application for extension of time to file one. In the totality of the above, and without niuch ado, summary,judgement must be and is hereby entered for the plaintiffs and against the defendant in the following orders, namely: , a) This court order the defendant to pay the 2"^ plaintiff TshsJ 33,185,000/= (say Tanzania ShiHings Thirty-Three Million One Hundred Eighty- Five Thousand Only) being un-remitted members contributions pius accumuiated penalties thereon due and payable to the plaintiffs as per paragraph 9 hereinabove; b) Costs of this suit be borne by the defendant; It is so ordered. Dated at Morogoro this 7^^ day of February, 2025. S.M. MAGOIGA ...

JUDGE ^ — 07/02/2025 COURT: Judgement delivered today on 07^^ day of February 2025 in chambers before Eifrida Rutashobya, learned State Attorney for the plaintiffs and in the absence of the defend progoro. e- S.M. lAGOlGA

JUDGE ■>v \ 07/02/2025 COURT: Right of appeal fully explain c ' 's- '/ . S.M.

JUDGE 07/02/2025