Board Of Trustees Of The National Social Security Fund And Another vs Registered Trustees Of Progressive Islamic Education Foundation (CIVIL CASE NO. 10133 OF 2026) [2026] TZHC 3126 (12 June 2026)

1 IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA MWANZA - SUB REGISTRY AT MWANZA CIVIL CASE NO. 10133 OF 202 6 THE BOARD OF TRUSTEES OF THE NATIONAL SOCI AL SECURITY FUND…………………………….………………… .. .… 1 ST PLAINTIFF THE ATTORNEY GENERAL………………………… ………… .. …. … … .. . …2 ND PLAINTIFF VERSUS THE REGISTERED TRUSTEES OF PROGRESSIVE ISLAMIC EDUCATION FOUNDATION ………… ………………… ………………… …. ………………… . DEFENDANT SUMMARY JUDGMENT 08 & 12 / 06 /2026 E.L. NGIGWANA, J. Th e plaintiffs named above have instituted a Summary Procedure Suit against the defendant under Order XXXV of the Civil Procedure Code [Cap. 33 R.E . 20 23 ] (the CPC), read together with section 74A (2) of the National Social Security Fund Act [Cap. 50 R.E . 20 23 ], praying for the summary judgment and decree against the defendant as follows: (i) The defendant is to be ordered to pay the sum of TZS 187,010,095.00 (Tanzania Shillings One Hundred Eighty - Seven Million Ten Thousand Ninety - Five Only) being outstanding statutory members’ contributions payable to the p laintiff by the d efendant as per paragraph 13.0 of the plaint. 2 (ii) The defendant is to be ordered to pay the sum of TZS 176,680,070.75 (Tanzania Shillings One Hundred Seventy - Six Million Six Hundred Eighty Thousand Seventy Only) being additional contributions payable to the p laintiff by the d efendant as per paragraph 14.0 of the plaint. (iii) Interest on the decretal sum at the prescribed court rate of 7% per annum from the date of delivery of Judgment until the same shall be fully satisfied. (iv) Costs incidental to the filing of the suit, and (v) Any other relief as the court may deem fit and just to grant. The 1 st Plaintiff is a body corporate incorporated under the laws of Tanzania , to wit, the National Social Security Fund Act [Cap. 50 R.E. 20 23 ], whose address is P.O. Box 1322, Dar es Salaam. It is responsible for collecting, safeguarding, and distributing the retirement funds of all employees in all sectors of the Tanzania economy that do not fall under the government pension schemes. The 2 nd plaintiff is the Chief Legal Advisor to the Government of the United Republic of Tanzania , vested with statutory power to institute any suit on behalf of the Government, Ministry, Local Government Authority, Independent Department, Executive Agency, Public Corporation, P arastatal 3 Organization, and Public Company established under written laws to which the Government is the majority shareholder. On the other hand, the defendant is a registered trustee incorporated under the laws of Tanzania, to wit, the Trustees ’ Incorporation Act [Cap . 318 R.E. 20 23 ] . Its address is P.O. Box 11508 , Mwanza. It is in care and supervision of all operations concerning Bismack Primary a nd Nursery School, which is registered as a contributing member employer of the 1 st p laintiff . It was registered as a contributing member employer of the 1 st plaintiff and was issued a Membership Certificate Registration Number 569003 . As a general rule , in summary suits , the defendant has no automatic right to appear and defend his/her case. The procedure is intended to empower a plaintiff with a liquidated claim to obtain judgment without unnecessary delay. See Zalla versus Ralli Brothers Ltd. (1969) E. A . 691. Therefore, for the defendant to appear and defend the suit brought under summary procedure, he must first seek and obtain leave of the Court to defend the suit. See Order XXXV Rule 2 (2) (a) to (c) of CPC [ Cap. 33 R.E. 2023]. The defendant may refrain from seeking the court’s leave, or sometimes, leave may be refused if the court is satisfied that there is no triable issue for consideration. 4 In the matter at hand, the defendant was duly served on 13/05/2026 through the court process server. Since the matter is a summary suit, 21 days have expired on 3 /6/2026. Based on Order XXXV Rule 2(h) of the CPC , read together with Government Notice GN 569 of 2025 (Civil Procedure Code (Amendment of the First Schedule) Rules, 2025) , Mr. Kennedy Kasongwa , learned state attorney, invited this Court to enter summary judgment for the Plaintiff s in terms of Order XXXV Rule 2 (2)(a) of the CPC . As provided under Order XXXV Rule 2(2) of the C PC, where a summary suit is not defended, the allegations contained in the plaint are deemed to be admitted. See CRDB Bank Limited vs. John Kagimbo Lwambagaza [2002] TLR117. I have examined the plaint , paragraph 13.0, and schedule for arrears of statutory contributions ( NSSF - 3 ) and found t hat the Defendant is in breach of its statutory obligations and has defaulted on the remittance of members' statutory contribution amounting to TZS. 187,010,095.00 (Tanzanian Shillings One Hundred Eighty - Seven Million Ten Thousand Ninety - Five Only), being the outstanding statutory contributions for the period between January 2018 and February 2024. Additional contribution/ penalty notices (N SSF - 4) and p aragraph 14.0 of the plaint are to the effect that t he Defendant has accrued an additional contribution amounting to TZS 176,680,070.75 (Tanzania n 5 Shillings One Hundred Seventy - Six Million Six Hundred Eighty Thousand Seventy Only), which arose due to statutory contributions paid late for various periods between November 2010 and April 2023. That, as a result of the d efendant's breach and failure to heed its statutory obligations to remit members' statutory contributions, the plaintiffs demanded performance on numerous occasions without success. To justify the claimed sum, the Plaintiffs have attached to the Plaint the following documents: a copy of the Certificate certifying the d efendant's membership with the 1 st Plaintiff (NSSF - 1); copies of the inspection report, exit meeting report, and a schedule of outstanding contributions by the d efendant and a list of accumulated penalties (NSSF - 3 ); and copies of the demand letters by the 2 nd Plaintiff addressed to the Defendant (NSSF - 5 ) . All are deemed to have bee n received to form part of the records. The plaintiffs have proved that the defendant, being a registered member of the 1 st plaintiff, has breached its statutory obligation, and after a follow - up inspection conducted by the 1 st plaintiff, it was confirmed that the defendant has an outstanding statutory contribution as stated hereinabove. 6 Based on the foregoing, I proceed to enter summary judgment in favor of the plaintiff s as follows : (i) The defendant shall pay the sum of TZS 187,010,095.00 (Tanzania Shillings One Hundred Eighty - Seven Million Ten Thousand Ninety - Five Only) being outstanding statutory members’ contributions payable to the first p laintiff by the d efendant . (ii) The defendant is ordered to pay the sum of TZS 176,680,070.75 (Tanzania Shillings One Hundred Seventy - Six Million Six Hundred Eighty Thousand Seventy Only) being additional contributions payable to the first p laintiff by the d efendant . (iii) Interest on the decretal sum at the prescribed court rate of 7% per annum from the date of delivery of judgment until the same shall be fully satisfied. (iv) Costs of the suit . It is so ordered. Dated at Mwanza , this 1 2 th day of Ju ne , 202 6 . E. L. Ngigwana Judge 12 /0 6 /2025 7 Delivered this 1 2 th day of June, 202 6 , in the presence of Ms. Safina Rwegashura , learned state attorney for the plaintiffs; Mr. Me hemed Faraji, head teacher at Bisma ck Primary Scho ol for the defendant, Hon. Baraka Mafur u - JLA; and Ms. Gladness Mnjari - RMA. E. L. NGIGWANA JUDGE 12 /0 6 /202 6