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The appeal was filed on 6th December 2024, which is the 46th day after the judgment was delivered on 21st October 2024. As the Law of Marriage Act requires appeals to be filed within 45 days of judgment delivery, the appeal was filed out of time and is therefore time-barred.
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The appeal is incompetent because it was filed with a drawn order instead of a decree, contrary to the mandatory requirements of Order XXXIX Rule 1(1) of the Civil Procedure Code. The error of not issuing a decree should be rectified administratively under Section 96 of the Civil Procedure Code, not by way of appeal.
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The Court of Appeal struck out the appeal as time barred, holding that the certificate of delay was invalid and could not be rectified to extend time.
The Court of Appeal of Tanzania held that a defective decree did not require striking out the appeal; it allowed the appellants to seek amendment and refile.
All three defects identified in the judgment, decree, and certificate of delay are curable under the applicable rules and statutes; the appellant is granted leave to rectify the defects within forty-five days by filing a supplementary record of appeal.
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The decree extracted by the trial court did not tally with the judgment as required by law; therefore, the decree must be amended to agree with the judgment.
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