Hon. Attorney General and Board of Trustees of the National Social Security Fund vs D. D. Ruhinda and Company Limited (Civil Case No. 13410 of 2025) [2025] TZHC 8479 (19 December 2025)

IN THE HIGH COURT OF TANZANIA (TANGA SUB REGISTRY) AT TANGA CIVIL CASE NO. 13410 OF 2025 THE HON. ATTORNEY GENERAL............................................. 1 st PLAINTIFF THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FU N D .......................................................2 nd PLAINTIFF VERSUS D. D. RUHINDA AND COMPANY LIM ITED..............................DEFENDANT CONSENT JUDGMENT 19 / 12/2025 & 19 / 12/2025 NDESAMBURO, J This consent judgment emanates from a Deed of Settlement duly executed by the 2n d Plaintiff and the Defendant and filed in this Court on the 19th December, 2025. The Plaintiffs instituted this suit by way of summary procedure under Order XXXV of the Civil Procedure Code, Cap 33 R.E. 2023, read i

together with section 74A (2) of the National Social Security Fund Act, Cap 50 R.E. 2018, (now section 79(2) of Cap 50 R.E. 2023), seeking judgment, decree, and orders against the Defendant as follows:

1. The Defendant is to be ordered to pay the sum of TZS 192,341,078 (Tanzanian Shillings One Hundred Ninety-Two " t * . Million Three Hundred Forty-One Thousand Seventy-Eight), being unremitted members' contributions plus accumulated penalties thereon due and payable to the Plaintiff by the Defendant as per paragraph 9.0 of the plaint.

2. The Defendant pays interest on the decretal sum from December 2023, when the sum accrued to the date of Judgment at an overall lending interest rate of 15.34% per annum as published by the Bank of Tanzania Monthly Economic Review, December 2023 publications.

3. Interest on the decretal sum at the prescribed court rate of 7% per annum from the date of delivery of the Judgment until the same shall be fully satisfied.

4. Cost of and incidental to the filing of the suit; and 2

5. Any other and further relief as this Honourable Court shall deem fit and to grant. Upon being granted leave to appear and defend the suit, the matter was fixed for mention on 19th December, 2025. On that date, the Parties informed the Court that they had amicably resolved the dispute and had duly executed a Deed of Settlement, which they jointly prayed be adopted as the judgment of the Court, and the matter being marked as settled. As part of the reconciliation process that preceded the settlement, the Parties undertook a comprehensive review of the Defendant's contribution records. In the course of that exercise, it was established that the outstanding additional contributions amounted to TZS 86,030,875.79 (Tanzanian Shillings Eighty-Six Million Thirty Thousand Eight Hundred Seventy-Five and Seventy-Nine Cents Only). It was further confirmed that the Defendant had already paid outstanding statutory contributions totalling TZS 106,310,202.51 (Tanzanian Shillings One Hundred Six Million Three Hundred Ten Thousand Two Hundred Two and Fifty-One Cents Only). The Defendant thereafter

voluntarily agreed to settle the above-mentioned outstanding additional contributions of TZS 86,030,875.79 (Tanzanian Shillings Eighty-Six Million Thirty Thousand Eight Hundred Seventy-Five and Seventy-Nine Cents Only) in instalments. Following the said reconciliation, the Parties mutually agreed on the modalities for settling the outstanding additional contributions and duly reduced those terms into a Deed of Settlement. It is on the basis of those agreed terms that the Parties now jointly pray that the Deed of Settlement be adopted as the judgment and decree of the Court. Having carefully examined the Deed of Settlement and having heard the Parties, this Court is satisfied that the settlement was freely, voluntarily, and mutually entered into by the Parties. Accordingly, the Deed of Settlement is hereby recorded and adopted in its entirety as forming part of this Consent Judgment, and all the terms and conditions contained therein shall be binding upon the Parties. Final orders:

1. The Deed of Settlement executed by the Parties is hereby adopted in its entirety as the Judgment and Decree of the Court.
2. The terms and conditions contained in the said Deed of Settlement shallbe binding upon the Parties and shall be enforceable as adecree of the Court in accordancewith the law.
3. Upon full compliance with the terms of the Deed of Settlement, the decree herein shall stand fully and finally satisfied.
4. In the event of default in the performance of any term of the Deed of Settlement, the Plaintiff shall be at liberty to execute for the outstanding balance in accordance with the law and the terms of the Deed of Settlement.
5. The suit is hereby marked as settled.
6. Costs shall be borne as agreed in the Deed of Settlement. It is so ordered.

DATED at TANGA this 19th day of December, 2025. The Consent Judgment is pronounced on this 19th day of December 2025, in the presence of Ms Khadija Juma, learned Senior State Attorney for the Plaintiffs and Mr Eric Ndwella, learned counsel for the Defendant. 6