George Blair v Emily Warmington
| Jurisdiction | Jamaica |
| Judgment Date | 03 June 2005 |
| Judgment citation (vLex) | [2005] 6 JJC 0301 |
| Date | 03 June 2005 |
| Court | Supreme Court (Jamaica) |
REAL PROPERTY - Ownership
George Blair and Emily Warmington lived together in an intimate relationship between 1972 and 1986. When he went to live with her at her house, she resided in a one-roomed board structure on land leased by her. By the time he left, the title to the land had been transferred to Miss Warmington as owner and the residence had been transformed into a concrete structure.
Though there is disagreement as to the size of the building at the time that he left, Mr. Blair claims that these developments are substantially as a result of his financial contributions and his building skills. He therefore asks the court to declare that he is entitled to a one half interest in the property.
Miss Warmington asserts that the transformation was due to her sole efforts; financing every stage of it, including paying Mr. Blair for his supervision of the construction.
The court has the task of deciding who is the more credible of the two, and of determining to what, if any, interest is Mr. Blair entitled.
The Facts
Mr. Blair testified that when he went to live on the land, she "had it on lease and sale and we decide (sic) to buy it from Mr. Albert Smith and we went 'round there and bought it from Mr. Albert Smith".
He said that on moving in, he joined with her and paid the lease. Mr. Blair explained how the $950.00 purchase price was paid in instalments.
He testified that the purchase was finalized when Mr. Smith, Miss Warmington and himself, went to a Mr. Bravo, a Justice of the Peace, and Mr. Bravo prepared the title document.
Mr. Blair testified as to the construction of the concrete structure, giving details as to the purchasing of materials, recruiting of labour and implementing his skill as a builder and a carpenter in erecting the building. He produced bills that he said were for some of the materials purchased. Miss Warmington's name was on a delivery slip as having received the material itemized therein. Mr. Blair insisted that this construction was almost entirely at his cost, and that Miss Warmington's only contribution was to purchase some of the zinc used for the roofing.
On the question as to the state of the building when he left the premises, Mr. Blair denied suggestions that it was only a single-roomed concrete structure that was there when he left. He insisted that after that single-roomed structure was completed, a second construction phase was commenced and was eventually completed. It was done in the same way, as was the first. He said he financed that construction and saw it through to the end. It consisted, he said, of a living room, a bathroom and a verandah.
In cross-examination he volunteered that he knew that a kitchen had been constructed after he had left the premises and spontaneously declared that he had had nothing to do with that construction.
I shall return to some other aspects of Mr. Blair's testimony later, but I will now turn to that of Miss Warmington.
Miss Warmington painted a very unattractive picture indeed of Mr. Blair. She says that she met him in a bar and that he was unemployed at the time. She eventually took him into her home that she shared with her three children. She says that he would only work "now and then" and that she had never seen him work on any house.
In so far as his contributions to the household were concerned, Miss Warmington said that during the time that they lived together Mr. Blair spent his money only on "rum, racehorses, and cigarettes"; he paid no money to buy food or to settle bills. She testified that when asked for a contribution he would ask her where was he to get money.
The purchase of the land, Miss Warmington testified, took place in 1976. She said that she discussed purchasing the land with Mr. Blair but he didn't agree to give her any money.
She testified that when she decided to build the concrete structure around the existing wooden one, she discussed it with Mr. Blair. She says he declined involvement saying, "he wasn't building any house on any woman (sic) land because he know he soon gone leave (her)".
Miss Warmington says that Mr. Blair did not weaken his resolve. She says that although he lived in the house and shared in its comforts, sparse as they were, she had to provide all the money to build the new structure.
She said:
"He said if me can give him the money to build it, him will build it, he will spend the money and buy materials."
Consequently she says:
"I gave him the money to buy materials, to pay the workmen and to pay himself."
Miss Warmington also specified what it was that Mr. Blair did:
"He just supervise the work, he did not do any carpentry work."
and further:
"During the construction of the one room he did not contribute any money to buy materials or to pay workmen."
She also differed significantly from Mr. Blair in respect of the second phase of the construction. Miss Warmington testified that there was only a single one-roomed concrete structure in place when Mr. Blair left in 1986. She says that after he left she caused to be constructed, a second room, a bathroom, a verandah and a kitchen, all at one go. On this account, Mr. Blair obviously did not...
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