The Appellant filed a Memorandum of Appeal challenging a
decision of the High Court of Tanzania sitting at Mwanza. While the decision of
the High Court was rendered on 14/8/2003 the decree was dated 26th
January, 2006. The Respondent lodged a preliminary objection challenging the
competency of the appeal filed by the Appellant raising a point of law that the
appeal filed was incompetent because it was accompanied by a decree which
offended Order XX rule 7 of the Civil Procedure Act [Cap 33 R.E. 2002].