Kiwanuka v Micro Finance Centre Limited and Another
Kiwanuka v Micro Finance Centre Limited and Another (Civil Appeal 159 of 2014) [2023] UGCA 355 (14 April 2023)
The Court of Appeal found that the appellant was legally married to the 2nd respondent and had locus standi to challenge the mortgage. The property in question was established as the matrimonial home, and the mortgage was executed without the appellant's spousal consent, in violation of Section 39 of the Land Act and relevant provisions of the Mortgage Act. The trial court's reliance on discretion under Section 36 of the Mortgage Act to avoid nullifying the mortgage was held to be a misdirection, as such discretion cannot override mandatory statutory requirements or sanction illegality. The a…
Source excerpt
- Matrimonial Home Mortgage
- Spousal Consent Requirement
- Mortgage Act Review
- Family Land Protection
- Burden Of Proof Affidavit
- Appellate Discretion