Helen Kipsoy Wafula V Equity Bank (U) Limited & Another
Helen Kipsoy Wafula V Equity Bank (U) Limited & Another (Civil Suit No. 153 of 2013) [2014] UGHCLD 139 (10 April 2014)
The Plaintiff failed to discharge the burden of proof that she was lawfully married to the 2nd Defendant, as required by section 106 of the Evidence Act. No credible documentary or oral evidence was adduced to establish the existence of a customary marriage. The suit property was not a matrimonial home within the meaning of section 2 of the Mortgage Act, as it was acquired and developed for commercial purposes and not as the ordinary residence of a family. The lawful wife, Sarah Sheila Wanyoto Wafula, provided spousal consent, and there was no legal requirement for the Plaintiff's consent. Th…
Source excerpt
- Matrimonial Home Definition
- Spousal Consent Requirement
- Burden Of Proof
- Customary Marriage Evidence