This matter was over a dispute on ownership of a house. The Appellant claimed her deceased husband had, before he died, by deed transferred the house to her on account of “love and affection.” The said deed, which was executed in Dar es Salaam on 23rd February 1998 before one Advocate (Mr. S. A. Msuya), was received in evidence and marked as Exhibit P1. The advocate was not called to give evidence. The Respondent successfully appealed to the High Court which discounted the evidence of Exhibit P1. When the matter reached the Court of Appeal of Tanzania the major issue revolved around the propriety of admitting Exhibit P1 without calling the advocate who attested it as the law requires. It was argued on behalf of the Appellant that because the Respondent did not object to the admission of the deed at the trial she was estopped from doing so at the appellate stage. It was countered on behalf of the Respondent that estoppel cannot operate against a statutory duty as calling the attesting advocate was a statutory requirement.