The Appellant sued the Respondent in the District Court of Tanga claiming several declaratory reliefs on the basis that the sale of the suit property, a house, to the Respondent was illegal. The Respondent had bought the suit property in a public auction. Several proper and necessary parties who were associated with the sale of the house in dispute were not called in the trial court to testify. The trial court analysed evidence and dismissed the Plaintiff’s claims on the ground that there was no sufficient evidence to prove the claims on the balance of probability. Aggrieved, the Appellant appealed to the High Court.