Campbell, Jennifer v Herbert Augustus Campbell
| Jurisdiction | Jamaica |
| Judge | Williams, J. |
| Judgment Date | 12 May 2004 |
| Judgment citation (vLex) | [2004] 5 JJC 1201 |
| Court | Supreme Court (Jamaica) |
| Date | 12 May 2004 |
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQUITY
MATRIMONIAL PROPERTY - Beneficial interest in property - Declaration - Trust principle - Common intention
Jeniffer and Herbert Campbell were married on the 21 st day of April, 1987 and the union produced one (1) child namely Herbert Augustus Campbell Jnr. born on the 21st day of June 1991. At the start of their relationship they lived in rented premises at Mount Charles in St. Andrew. When they got married Mrs. Campbell's aunt gave her a sow which got them started in the "pig- rearing" business. A shop was operated in rented premises at Nine Miles, Bull Bay with goods to stock it initially provided by the respondent. This business was relocated to Hagley Gap in St. Thomas.
Eventually they bought land at Lot 1 Green Valley in St. Andrew from the Ministry of Housing and the construction of the house commenced. They lived together until the applicant moved out leaving the respondent and their son residing there.
These are the bare facts on which both parties are unreservedly agreed. The applicant now seeks a declaration that she is entitled to one half interest in the property situated at Lot 1 Green Valley in the parish of St. Andrew.
The respondent is asking for a decree that the applicant has no interest in the said premises.
The Applicant's version
The version as presented in Mrs. Jeniffer Campbell's affidavit in support of her originating summons and her subsequent affidavit in response to the respondent's affidavit all go to support her contention that she had contributed both financially and physically to the acquiring of the premises at Green Valley road.
As regards the pig rearing business:- her husband had bought a bran and together with the sow from her aunt they began to breed a sty of pigs. The business continued until 1999 and she and her children helped manually in the rearing and raising of each litter.
As regards the grocery shop:- she gave up her job at the coffee factory to work in the shop at her husband's request. Initially she was paid $3.00 per week to facilitate her "throwing a partner". However once she got her "partner draw" she received no more payment. When the business was relocated she continued to work until when their son was born when the respondent took over. He got his brother to assist and this brother later took over the shop.
In an apparent attempt to supplement the family's income, Mrs. Campbell traveled to Curacao to purchase goods, which she returned to Jamaica to sell. The money to facilitate the initial trip was borrowed from an aunt who was repaid from the proceeds of the sale of goods. Mrs. Campbell said she traveled to Curacao three (3) times while still operating the shop. Her traveling ceased only when she became pregnant.
Further, she started baking and selling baked products along with snacks, drinks and liquor from the house.
Finally Mrs. Campbell also assisted her husband on the farm where coffee and vegetables were cultivated whenever possible; she also assisted to reap the vegetables which she would sell in the coronation market and only when she was ill would the respondent go to the market himself and sell.
The money earned from the business she claimed, was placed in a bank account and it was largely from this account together with other pooled resources that the land at Lot 1 Green Valley was bought. She exhibited a copy of the agreement for sale dated the 17 th of February, 1991 between the Ministry of Housing and the purchasers being both Herbert Campbell and Jeniffer Campbell. The contract price was fifteen thousand dollars ($15,000) and with attendant costs the final total price was seventeen thousand one hundred and forty five dollars ($17,145.00).
Mrs. Campbell claimed she assisted manually with the actual construction work, she helped to make blocks, she bought steel, bathroom fixtures and more blocks.
The Respondent's version
Mr. Campbell takes issue firstly with the amount of pigs bought to commence the pig rearing activity - he said he bought two brans and a sow. Further his wife had nothing to do with this activity. His father and brother were...
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