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The High Court granted summary judgment for Tarime District Council in a service levy claim after the defendant failed to obtain leave to defend.
The 1st plaintiff is entitled to collect service levy from the defendant, but the claimed amount is unreasonable as it is not based on actual turnover for Kwimba District. The appropriate rate is 0.15%, consistent with other districts on the same project, and payment must be calculated from each Interim Payment Certificate (IPC) paid by TRC, not on estimated figures.
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The defendant's failure to appear or defend the summary suit results in the plaintiff's claims being deemed admitted. The 1st plaintiff is entitled to the produce cess/levy for 2021-2023, with court interest, but not to punitive damages, general damages, or commercial interest.
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