Johnson, Diana Ramona v Ivy Johnson

• Jurisdiction: Jamaica
• Judge: Dave. J. (Ag.)
• Judgment Date: 25 October 2002
• Judgment citation (vLex): [2002] 10 JJC 2501
• Court: Supreme Court (Jamaica)
• Date: 25 October 2002
• Docket Number: SUIT NO. E. 379 OF 2000

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

SUIT NO. E. 379 OF 2000

BETWEEN

DIANA RAMONA JOHNSON

APPLICANT

AND

IVY JOHNSON

DEFENDANT

REAL PROPERTY - Beneficial interest in property - Whether clause 3(b) of applicant's father's petition a transfer of his interest in premises to applicant

Dave. J. (Ag.)

1 This is an originating summons for declaration by the Applicant Diana Johnson that she is legally and beneficially entitled to sole ownership of premises situated at Greenwall, Prospect Pen, White Horses in the parish of St. Thomas. In addition, the applicant seeks an order from the Court directing the defendant to vacate possession of the said premises and to deliver up same to her.

2 The applicant based her claim to the above premises on the statement of arrangements for her care and un bringing by her late father executed on the 12 March, 1981. This statement of arrangements was part of the Petition for Dissolution of Marriage filed by her father to dissolve the marriage between self and the applicant's mother. A Decree Nisi was granted on the 14 ^th May, 1981 and the Decree Absolute on the 3 ^rd July, 1981. The specific portion of the said Petition for Dissolution of Marriage is contained in Suit No. D-004 of 1981 and reads as follows:

"3. That the arrangement for care, control and upbringing of the relevant child (under sixteen years of age) are as follows:

• (a)...........

• (b) That the aforesaid premises of Greenwall, Prospect Pen District in the parish of St. Thomas where your petitioner is presently residing is solely bequeath to DIANA RAMONA".

3 The petition also contained another provision that the applicant should be fully maintained from the proceeds of rental from another premises belonging to her father.

4 The applicant's father remarried in June 1982 and died in 1999 leaving his present wife, the defendant, at the premises Greenwall, Prospect Pen District, St. Thomas. The applicant contends that the defendant has been using the said premises in a manner inconsistent with the applicant's rights as owner.

5 The issue which arises is whether clause 3 (b) of the applicant's father petition was a transfer of his interest in the said premises to his infant daughter...