Automobile Stores Ltd. v. L. K. Msosa, Civ. App. 3-D-66; 6/7/67; Saidi, J.

Automobile Stores Ltd. v. L. K. Msosa, Civ. App. 3-D-66; 6/7/67; Saidi, J.

This case arose out of a motor accident. The judgment of the District Court was delivered on 8^th February, 1966, and a decree was issued on 13^th March 1966. Appellant applied for certified copies of the judgment and the decree on 27^th May, 1966. Respondent claimed that the time for filing an appeal had expired on 9^th May, 1966, ninety days after the judgment was delivered.

            Held (1) The appeal is lodged against the decision of the trial court, and that decision is contained in the judgment rather than in the decree. The decree is merely a brief declaration of the decision; it is required to agree with the Judgment an to bear the date on which the judgment was pronounced. (0.20 rules 6 and 7, C.P.C0 Therefore, the time for filing an appeal should be measured from the date judgment was pronounced. (2) Although, contrary to the provisions of the Civil Procedure Code, the decree in this case bore a date later than the judgment, this error did not extend the time for filing an appeal. The appeal was rejected.