Mutatis mutandis explained with examples in Tanzania

“Mutatis mutandis” is a Latin phrase used in legal contexts to indicate that certain adjustments or changes should be made in the specified provisions, keeping the essential substance unchanged.

In legal language, it signifies that a particular rule or principle should be applied with necessary modifications to suit the relevant context.

Let’s break down this concept by an example from the Civil Procedure Code (CPC), CAP 33, As amended from time to time.

Order VIII Rule 1 (2) of CPC provides that “The provisions of rule 1 of Order VII shall apply mutatis mutandis in respect to filing a written statement of defence.”

To understand clearly, we must know what rule 1 of Order VII, which applies mutatis mutandis says.

To cut a long story short, rule 1 of Order VII provides for particulars to be contained in the plaint

In this context, it means that the particulars to be contained in the plaint outlined in Rule 1 of Order VII are to be applied to the filing of a written statement of defense, with necessary modifications or adjustments as required.

Here are some points to illustrate how “mutatis mutandis” applies in that context

1. Applicability of Rule 1 of Order VII: The starting point is Rule 1 of Order VII, which provides for particulars to be contained in the plaint.
2. Extension to Written Statement of Defence: The application of “mutatis mutandis” implies that the provisions of rule 1 of Order VII, originally intended for particulars to be contained in the plaint, are now being extended or adapted to govern the particulars to be contained in the written statement of defense.
3. Necessary Modifications: The application of “mutatis mutandis” acknowledges that some adjustments are needed to make Rule 1 of Order VII which provides for particulars to be contained in the plaint suitable for the particulars to be contained in the written statement of defense. It could involve changes in terminology, procedure, or other relevant aspects to align with the contents of a written statement of defense.