Mrs Rafikihawa Mohamed Saidik Vs Ahamed Manrouk and 2 Others, Civil Application No 250/01 of 2019.

This case is Provides for remedy of striking out the case, Applicant opted for revision agaisnt strucked out application The court had this to say:

It is from that decision, emerged the taxing issue as whether there is a 

right to appeal on a matter which was struck out.While Mr. Sanga and Mr. Mbamba for the respondents argued that an appeal was a right remedy because, when the suit was struck out, the matter was determined into its finality and nothing was pending before the court, Mr. Chuwa for the applicant adamantly resisted that proposition on a ground that, 

when a suit is struck out there was no decree.

 It was Mr. Chuwa’s stance that no decree no right to appeal. Hence it is justifiable to come before this Court by way of revision.

As to what a decree entails, Section 3 of the Civil Procedure Code, Cap. 33 [R. E. 2002] (the CPC) provides thus:”decree” means the formal expression o f an adjudication

which; so far as regards the court expressing it, conclusively determines the rights o f the parties with regard to all or any o f the matters in controversy in the suit and may be either preliminary or final and it sha/i be deemed to include the rejection o f a plaint and determination o f any question within

section 38 or section 89, but shall not inciude-

(a) An adjudication from which an appeal lies as an appeal from an order; or

(b)Any order o f dismissal for default.”

From the above definition we are reminded that, even rejection of a plaint falls within the scope of what a decree involves. Then the question that crops up therefore is; do striking out of the suit amounts to rejection of the plaint?

The law under Order VII Rule 11 of the CPC provides for the cases in which a plaint shall be rejected. Sub rule (c) of rule 11 above provides that, where the suit appears from the statement in the plaint to be barred by law, the plaint shall be rejected.

In the instant application, as Mr. Sanga stated, the trial Judge struck out the suit because the filing of the suit contravened Section 99(1) and 102 of the Land Registration Act, which provides for an appeal when a claimant is aggrieved with an act of the Registrar of Titles. Going through the plaint and the referred law, we agree with Mr. Sanga’s arguments and also find that, the 

order of striking out the suit finally and conclusively disposed of the suit which 

amounts to rejection of the plaint as the suit was barred by law as stipulated under Order VII Rule 11(c) of the CPC. See also; Peter Ng’omango v.Attorney General (supra). 

Therefore, in the circumstances of this case we are of the view that striking out of the suit involved rejection of the plaint, and thus, the same falls within the scope of a decree.