Wife doesn’t consent disposition of house
A government project is undergoing in our area and is now at a stage of compensating the persons whose houses are liable for demolition. Unfortunately I have three wives. Two young wives live in one house, designed as two-in-one whilst the first wife lives in a separate house and in a separate compound, which is not affected by the project. Nevertheless, the first wife participated in the construction of the two-in-one house before I got married to the younger wives. The government, before effecting the payments want my wives to consent on the disposition of the affected house. A lawyer told me that it is the two young wives who qualify to give consent but the first wife is objecting and has taken the matter to the Ward Tribunal. Is the first wife legally entitled to give a consent?
KL, Morogoro
Section 114(1) of the Land Act, R.E. 2019, (the Act), states that a mortgage of a matrimonial home, including a customary mortgage of a matrimonial home, shall be valid only if- (a) any document or form used in applying for such a mortgage is signed by, or there is evidence from the document that it has been assented to by the mortgagor and the spouses or spouses of the mortgagor living in that matrimonial home; or (b) any document or form used to grant the mortgage is signed by or there is evidence that it has been assented to by the mortgagor and the spouse or spouses living in that matrimonial home.
The principles enunciated in section 114(1) of the Act applies in other kinds of disposition of a matrimonial home other than mortgage. For that matter, as longer as the house affected by the project inhabits two younger wives, the older wife is not entitled to giving consent as she is not living in the affected house. However, the first wife is entitled to a share from the proceeds of compensation because she participated in the construction of the affected house.