Browsing by Author "Mtui, Yustawinnie Vitalis"

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    Enforcement of mortagage by commercial banks in circumstances influenced by undue influence: Analysis of the law and practice
    (Mzumbe University, 2019) Mtui, Yustawinnie Vitalis
    This study aimed at determining how Commercial Banks enforce Mortgages in circumstances influenced by undue influence. The research was conducted in CRDB Bank Plc and NMB Bank Plc situated in Arusha city. The problem that prompted this study was a concern that with all favourable development of the law, the manner in which informed consent is obtained is not shown. Instead, practice shows that men mortgage matrimonial homes in exclusion of their spouse(s), or they unduly influence them to give consent. The study employed the survey research design whereby a sample of 30 respondents was selected through systematic and purposive sampling technique from a fairly limited study area. The study used both interviews and documentary review to collect primary and secondary data respectively. Secondary data was collected from unreported cases, dissertations and thesis related to the study. The data collected was presented and analyzed qualitatively and inferences were drawn. The findings indicate that wives out of love, trust and confidence are alleviated to reach agreements which defeat their rights of occupancy in the matrimonial home. In addition, husbands knowingly unduly influence wives to the use of a matrimonial home as a security. Moreover, banks should take reasonable steps to ensure that the spouses understood what they were doing while entering into a proposed transaction and that the consent to do so was informed and genuine. Further, they should conduct an inquiry on the mortgaged property and the persons interested to the property. In the light of the above findings, it is recommended that awareness should be raised to the public at large on registration of interests, opportunity to nominate a legal advisor and seek independent legal advice should be ensured. Further, commercial banks should be mobilized to institute strict policies that will enable both spouses to participate in the process of obtaining financial loan when one wants to use a matrimonial home as a mortgage to secure the loan