LAND APPEAL CASE NO
The mortgage over the suit properties was a nullity for want of valid spousal consent, as the appellant failed to verify the true spouse with an interest in the matrimonial home. The properties were proven to be matrimonial homes jointly acquired and occupied by the deceased spouses, and the purported consent from Asha A. Mtauka was insufficient and unverified. The appellant did not discharge its statutory duty to ascertain the correct spousal interest, rendering the mortgage invalid.
Source excerpt
- Spousal consent
- Matrimonial property
- Mortgage validity
- Alienation of matrimonial home