sifaeli msifuni vsaccess bank tanzania limited and 2 others 2020 tzhclandd 3944 11 december 2020

sifaeli msifuni vsaccess bank tanzania limited and 2 others 2020 tzhclandd 3944 11 december 2020

The mortgage of the suit property is null and void for lack of spouse consent as required by law, since the Plaintiff was the lawful wife of the 2nd Defendant and her consent was neither sought nor obtained.

Citation
sifaeli msifuni vsaccess bank tanzania limited and 2 others 2020 tzhclandd 3944 11 december 2020
Parties
Plaintiff: Sifaeli Msifuni; 1st Defendant: Access Bank Tanzania Limited; 2nd Defendant: Elihudi Juma Mbwambo; 3rd Defendant: Hussein Hassan Mafita
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 December 2020
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's suit succeeds. Mortgage declared null and void for lack of spouse consent.
Legal Topics
Matrimonial Property, Mortgage, Spouse Consent, Nullity of Mortgage, Joint Ownership, Due Diligence by Mortgagee
Source Language
English
Land Law Family Law Matrimonial Property Mortgage Spouse Consent Nullity of Mortgage Joint Ownership Due Diligence by Mortgagee

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Parties

Sifaeli Msifuni

Plaintiff

Access Bank Tanzania Limited

1st Defendant

Elihudi Juma Mbwambo

2nd Defendant

Hussein Hassan Mafita

3rd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the house is matrimonial property
  2. 2 Whether spouse consent was sought and granted for the mortgage
  3. 3 Reliefs to which the parties are entitled

Ratio Decidendi

The mortgage of the suit property is null and void for lack of spouse consent as required by law, since the Plaintiff was the lawful wife of the 2nd Defendant and her consent was neither sought nor obtained.

Court Disposition

Plaintiff's suit succeeds. Mortgage declared null and void for lack of spouse consent.

Orders

  • Mortgage of the suit property declared null and void for lack of spouse consent.
  • 1st Defendant at liberty to proceed against the borrower (3rd Defendant) for recovery of the loan.