Striking a Balance between Protecting the Matrimonial Home and the Mortgagee's Right of Sale in Nigeria
Lessons from England
Bibliographic Data
| ID | 16767413 |
|---|---|
| Authors | Roseline Omoye Ehiemua (Ambrose Alli University, corresponding author) |
| Year | 2023 |
| Volume | 67 |
| Issue | 3 |
| Pages | 449-462 |
| Publication date | 2023-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855323000153 |
| OpenAlex | W4382984574 |
| Language | EN |
| References cited | 5 |
This article evaluates statutory provisions and case law regarding a mortgagee's rights to exercise its statutory power of sale over the matrimonial home in Nigeria. It reveals that no statute protects the rights of family members, particularly wives and children, in the mortgaged home. The mortgagee must grapple with the reality of ownership, as wives often resort to litigation to set aside sales, on the ground that they are joint owners with their husbands. Ironically, some Supreme Court decisions, while protecting the interests of other family members (contrary to the established principles of property law), have tended to ignore the mortgagee's power of sale over the mortgaged matrimonial home, thus making it unattractive to lending institutions as collateral. This article recommends that all parties’ interests should be set out in a legal framework, as in England, where a non-owning spouse's right of occupation must be registered with the land registry
Balance (ability) · Business · Collateral · Estate · Political science · Power (physics) · Spouse · Statute · Statutory law · Supreme court · Conflict of Laws and Jurisdiction · Law · Legal Issues in South Africa · Medicine
| Highly cited | No |
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