Mantrac Tanzania Ltd versus Raymond Costa; Civil Appeal No 74 of 2014: Court of Appeal of Tanzania at Mwanza (Unreported).
- Civil Procedure
- Decree- format of a valid decree.
- Decree – Decree bears rubber stamp of RM’s Court instead of District Court – effect.
- Appeals
- Decree – Appeal should be accompanied by a valid decree.
Held:-
(i) It is now trite law that an appeal to the High Court under section 70(1) and Order XXXIX, Rule 1(1) of the CPC and also to the Court of Appeal of Tanzania which is not accompanied by a copy of the impugned decree or is accompanied by an incurably defective copy of the decree, that is, one not in conformity with the requirements of Order XXI Rules (I) and (7) or Order XXXIX Rule 35 is incompetent and amounts to nothing.
(ii) A decree under Order XX, Rules 6 and 7 and Order XXXIX Rule(I) and (2) must, with necessary modifications, conform with form No. 1 of Appendix D and form No 9 of Appendix G to the Indian Code of Civil procedure, 1908. Essentially a decree should have the following:-
(a) In term of Order XX Rule 6 of the Code, the decree shall agree with the judgment. It must correctly state what is really decided and intended by the court. Since the decree must agree with the judgment the date of the decree must be that of the judgment.
(b) The words “Given under my hand and the seal of this court this.............day of ........20.......” must always be embodied therein. Failure to do so will render the extracted decree incurably defective.
(c) It must be stamped with the proper stamp of the court.
(d) Clear specification of the reliefs granted must be stated.