Tiiga Waana
Elder Lister
Moses Kuria is banking on evading auction of his commercial properties by the Bank (no pun intended) by way of Spousal Consent defence:
Even though he enjoyed and chewed the loans advanced to him by Equity Bank without much hullabaloo, he now realises that he is not the sole owner and therefore the Wife’s interests should be protected as it is a family property owned jointly by the wife and himself:
Now this is where the mischief become apparent: Spousal Consent on land and property matters came into being to safeguard against family home being sold without the Spouses’ knowledge leading to wives and children finding themselves evicted and kicked to the curb out of their homesteads without any notice or knowledge of sale or other related transactions.
Should the home rights defence extend to commercial properties as well? The wife and kids don’t live on those properties.
Now, could this be an abuse of the Court Process more like the way Kenyan politicians are fond of applying for interlocutory injunctions against being arrested where they are not deserved?
Even though he enjoyed and chewed the loans advanced to him by Equity Bank without much hullabaloo, he now realises that he is not the sole owner and therefore the Wife’s interests should be protected as it is a family property owned jointly by the wife and himself:
Now this is where the mischief become apparent: Spousal Consent on land and property matters came into being to safeguard against family home being sold without the Spouses’ knowledge leading to wives and children finding themselves evicted and kicked to the curb out of their homesteads without any notice or knowledge of sale or other related transactions.
Should the home rights defence extend to commercial properties as well? The wife and kids don’t live on those properties.
Now, could this be an abuse of the Court Process more like the way Kenyan politicians are fond of applying for interlocutory injunctions against being arrested where they are not deserved?
