“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
- 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.
- 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.
- 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.
See; the written statement of defense (guide, sample & pdf)
To summarize, if rule 1 of Order VII specifies certain details and requirements for the particulars in a plaint when applying “mutatis mutandis” to the filing of a written statement of defense, you may need to modify or adapt those requirements to fit the information and format relevant to a written statement of defense. The key is to maintain the fundamental principles while making the necessary adjustments for the change in context.
Mutatis mutandis in Swahili
The Latin phrase “mutatis mutandis” is not directly translated into Swahili, and there isn’t a specific Swahili equivalent for this legal term.
However, in legal or formal contexts in Swahili, one might express “mutatis mutandis” by using phrases like “pamoja na mabadiliko yanayofaa.” or “kwa kufanya marekebisho yanayohitajika” to convey the concept of making necessary changes or modifications.
Your Turn
My aim here was to help you understand the concept of mutatis mutandis clearly.
Hope you have found this post useful.
But I would like to hear from you,
Is there anything you need more clarification?
Leave your comment right now!
