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High Court summary judgment ordered Chato Beverages Company Limited to pay TZS 26,436,000 in unpaid NSSF contributions and penalties, plus interest and costs.
The defendant's failure to appear or apply for leave to defend, combined with documentary evidence and statutory obligations, warrants entry of summary judgment in favor of the plaintiffs for the claimed amount and penalties.
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Ex parte judgment enforcing unpaid statutory social security contributions and penalties against a registered employer, with judgment entered for the plaintiffs.
The High Court at Musoma entered a consent judgment after the parties settled a pension and damages dispute and agreed to be bound by the deed of settlement.
Plaintiffs proved on balance of probabilities that defendant was obliged to remit statutory contributions and breached this obligation, justifying ex-parte judgment for the claimed amounts and penalties.
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Ex parte judgment for NSSF and the Attorney General for unpaid statutory contributions and penalties, with interest and costs awarded against Power Shield Limited.
Leave to defend is granted because the applicant raised triable issues regarding the amount claimed, remitted contributions, and the effect of the pandemic on operations, which merit determination in the main suit.
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The High Court held that the defendant remained liable for statutory social security contributions, but rejected the claim for penalties for lack of proof.
The High Court entered summary judgment for NSSF and the Attorney General after the employer failed to defend and comply with a conditional leave order.
The court found the deed of settlement filed by the parties to be lawful and in compliance with the requirements for amicable settlement, and therefore adopted it as a consent judgment, making it a final decree resolving the dispute.
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