Reference to the recent case of Tanzania Commercial Bank PLC (formerly known as Twiga Bancorp limited and others Vs Mrs. Shakila Parves and another, Civil Appeal No. 280 of 2020.

The case highlights the mandatory requirement and importance of the spousal consent on a mortgage of a matrimonial home. The case further enlightens on the rights of a bona fide purchaser of a mortgage that has been declared invalid for want of spousal consent and the rights of the party prejudiced by the validation of the sale of the mortgage property.

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