Topics: Mortgages, Spousal consent, Family land
Brief Facts
In Laila Lubega V Ali Lubega & Anor [2021], the husband mortgaged family land in DFCU bank.
The wife sued the husband and the bank for a declaration that the suit land was family land in accordance with Section 38 (A) of the Land Act Cap 227 and was subject to her consent as a spouse before any transaction thereon.
Held
The court ruled against the defendant and found the suit land to be family land. The defendants had not sought the plaintiff's consent; hence court nullified the mortgage.