The Appellant sued the Respondent jointly and together with others who are not parties to the instant appeal in the District Land and Housing Tribunal for Iringa at Iringa, claiming for, among others, a declaration that the mortgaged property is a matrimonial home. The Tribunal declared the mortgaged property as a matrimonial home and restrained its sale. It compelled the Respondent to surrender the title deed to the Appellant. Aggrieved, the Respondent successfully appealed to the High Court. In its reasoned decision, the High Court held that the Appellant failed to establish that she was the spouse of the mortgagor on account of the fact that the mortgaged property was registered in the sole name of the mortgagor who had also deponed in an affidavit that at the material time he was single. Still aggrieved, the Appellant approached this Court as a second appeal.