The applicant sued the Respondents in the High Court of Tanzania, claiming against them jointly and severally for reliefs, among others, being declared to be the lawful owner of the disputed property for being a matrimonial property. The matter was dismissed by the Court. Aggrieved by the judgment and decree of the trial High Court the Appellant lodge this appeal. Before hearing of appeal, the first Respondent raised a preliminary objection on a point of law to the notice of motion lodged by the applicant in terms of rule 107 (1) of the Rules, arguing that the application was untenable for the reason that the decree of the High Court sought to be stayed, was not capable of being executed. The issue before the Court was whether or not the preliminary objection has a merit.