What does the Land Act No.4/1999 say on Mortgage by spouses?

Section 114(1) of Act No.4/1999 as amended by Act No.4/2004 provide that the mortgage of matrimonial home including Customary Mortgage of matrimonial Home is valid if and only if 

a). Any document or form used in applying for such mortgage by; or there is evidence in the document that has been assented to by mortgagor and the spouses 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 mortgagor and the spouses living in that matrimonial home. 

Note: Under section 114(1) of Act No.4/1999 as amended by Act No.4/2004 the mortgagee has a duty to ascertain whether the applicant for mortgage has a spouse or spouses.