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The appeal is incompetent because the decree attached to the memorandum of appeal bears a date different from the judgment, contrary to mandatory procedural requirements, rendering the appeal fatally defective and liable to be struck out.
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The appeal is incompetent because the decree and judgment bear different dates, contravening Order XX Rule 7 of the Civil Procedure Code.
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The Court of Appeal held that the decree was defective because it bore a date different from the judgment date, rendering the High Court proceedings a nullity.
The High Court at Moshi upheld a preliminary objection, holding that a decree bearing two different dates was defective under Order XX rule 7 CPC.
A defective order lacking the date of pronouncement is a fundamental defect that renders the appeal incompetent, and such a defect cannot be cured by filing a supplementary record of appeal; a fresh record of appeal must be filed according to law.
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The appeal is incompetent because the decree annexed to the Memorandum of Appeal does not bear the date on which the ruling was pronounced, as required by Order XX Rule 7 of the Civil Procedure Code, 1966. The decree is therefore not proper and the appeal must be struck out.
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The appeal is incompetent as it is accompanied by a decree that does not bear the date on which the ruling was pronounced, in contravention of Order XX Rule 7 of the Civil Procedure Code, 1966, as interpreted by binding precedent.
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The difference in dates between the judgment and the decree constitutes non-compliance with the mandatory requirement of Order XX rule 7 of the Civil Procedure Code, 1966, rendering the decree defective and the appeal incompetent.
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