banking
A bank must obtain consent from spouses before charging a matrimonial property otherwise the loan contract could be voided.

Ms Jenifer Mungai lied to the court that she was married in order to stop Family Bank from auctioning her property over a loan.

A bank must obtain consent from spouses before charging a matrimonial property otherwise the loan contract could be voided.

Ms Mungai agreed that she had taken money from the bank and charged property, that is, LR No. Thika/municipality block 30/1009.

She said she made payment towards that loan but experienced health and financial difficulties which affected her repayment.

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To stop the lender from auctioning the property, however, she claimed the bank did not seek her husband’s consent when charging the property.

Family Bank, however, brought evidence showing that she was not married at the time prompting the court to throw out her application to stay auctioning of the property.

“I find that the plaintiff was not candid because in her affidavit dated 12th November, 2020 she stated that although she was married, the defendant failed to get her spouse’s consent to the charge.  The defendant in its replying affidavit attached an affidavit by the plaintiff, dated 19th October, 2015, where the plaintiff confirmed she was not married,” Judge Mary Kasango said.

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