The Appellant, acting as the administrator of the estate of the late Mzuri Lulyeho, appealed the High Court at Mwanza following its decision in HC Land no. 73 of 2015. The Respondents lodged a notice of preliminary objection stating that the record of appeal did not include the proceedings of the High Court thus rendering the record defective. They also argued that the record of appeal omitted the exhibits that were tendered and admitted at the trial, that the Memorandum of Appeal did not include proper particulars of the order intended to be sought from the that the record of appeal included a copy of the proceedings of the High Court in Land Appeal No. 73 of 2015 that was not certified by the Deputy Registrar. They argued that all these rendered the record of appeal defective.