The 1st Appellant, extended a loan facility of ten million shillings by an Overdraft Agreement to Anselem W. Mauki; allegedly the husband of the Respondent. A house standing on Plot No. 371 Kihesa in the Iringa Municipality, which is the subject matter of this case, was put as collateral. The said Anselem W. Mauki defaulted to pay the loan as a result of which the mortgaged house was sold through auction by Majembe Auction Mart to Kassim Mwalongo; the 2nd Appellant. The Respondent successfully sued Anselem W. Mauki, the 1st Appellant, the 2nd Appellant and Majembe Auction Mart in the District Land and Housing Tribunal claiming that her husband had obtained the loan without her knowledge and that the mortgaged house was a matrimonial home. The District Land and Housing Tribunal ruled that the sale of the mortgaged house was null and void and the Respondent was declared a legal co-owner of the house in dispute. They appealed to the High Court that the Tribunal erred in finding that the Respondent was a co-owner of the suit premises.