This appeal originates from the decision of the District
Land and Housing Tribunal, Kinondoni, whereby, the second Respondent filed an
application against the first Respondent and Appellant, who were the parties to
the sale agreement involving a house which the second Respondent claimed to be
her matrimonial property on account that the same was jointly acquired during
her matrimonial life with the first Respondent. The second Respondent prayed
for an order nullifying the sale agreement and a declaration that the house is
her matrimonial property. The Tribunal denied the claim. Dissatisfied, she
successfully appealed to the High Court. The Court decided in favour of the
second Respondent after it satisfied itself that there was a valid marriage
between the first and the second Respondent. The Court came up with the
decision after comparing the signature of the first Respondent and that in the
Certificate of Marriage. Dissatisfied with the decision of the High Court, the
Appellant appealed to this Court.