Lyons, Josephine v Vernon Lyons

• Jurisdiction: Jamaica
• Judge: MANGATAL J.
• Judgment Date: 21 May 2004
• Judgment citation (vLex): [2004] 5 JJC 2101
• Date: 21 May 2004
• Court: Supreme Court (Jamaica)
• Docket Number: SUIT NO. E. 327 OF 2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

SUIT NO. E. 327 OF 2002

BETWEEN

JOSEPHINE LYONS

APPLICANT

AND

VERNON LYONS

DEFENDANT

MATRIMONIAL PROPERTY - Beneficial interest in property - Constructive trust - Married Women's Property Act

MANGATAL J

1 1. This application is by a wife against her husband pursuant to the Married Women's Property Act. When the Originating Summons was filed in May 2002 six categories of relief were claimed. Happily, the parties were able to amicably resolve three of those issues, leaving three to be resolved by the Court.

2 2. The parties have agreed that the Applicant is legally entitled to a half share of the matrimonial home situate at 24 East Street, Savannah-la-mar, Westmoreland. They have also agreed that the Applicant is entitled to a half share of premises situate at 74 Great Georges Street, Savannah-la-mar in the Parish of Westmoreland and that 1998 Honda Accord motor vehicle Registration No. 0494VW is exclusively the Applicant's property.

3 3. The Applicant filed an Affidavit and the Defendant filed an Affidavit and Supplemental Affidavit. A Further Supplemental Affidavit was filed in April 2003 on behalf of the Defendant. However, as it was not served, the Defendant's attorney did not refer to or rely on it. Both parties have been cross-examined.

4 Issue 1

5 4. The Applicant claims that she is entitled to a half share of the business-concern known as "One Stop Liquor and Variety Store". The Defendant in paragraph 4 of his Supplemental Affidavit has indicated that he has no objection to an account being taken of this business, and has no objection to both parties sharing the assets and liabilities. However, the position he takes is that based on her contribution the Applicant is only entitled to a 25 percent share of the business. In that regard he states that the Applicant contributed neither money nor labour to the business in lieu of salary.

6 Issue 2

7 5. The Applicant claims to be legally and beneficially entitled to Four properties situate at Llandilo in the parish of Westmoreland and known as Lots Numbered 303, 306, 115 and 320.

8 Issue 3

9 6. The Applicant claims to be legally and beneficially entitled to half share of premises consisting of 7 lots at Farm Pen, or Lee Park Savannah-la-mar in the parish of Westmoreland.

10 7. The Applicant's evidence is that the parties married in 1975 and had three (3) children, the youngest being Dwight born on 2nd July, 1984. When the parties married she was working at the Department of Statistics and the Defendant was a teacher. After they got married the Defendant moved into premises, which Applicant had been renting at Petersfield, Westmoreland. The Applicant eventually left her job at the Department of Statistics and went into business full-time. The Defendant changed jobs and occupations several times and was unemployed upon a number of occasions. In 1979 the Defendant had been unemployed for sometime until he sold an Austin Mini 1000 which the Applicant had owned before the marriage and used the proceeds to buy a minibus which he operated.

11 8. At this time in 1979 the Applicant left for the United States where she initially worked as a domestic helper and later as a Nursing Assistant. She remained in the United States from 1979 to 1986 and throughout that time she remitted an average of three hundred United States dollars per month to the Defendant for maintenance of the household and for savings. She exhibited three remittance advise forms as samples of amounts sent to the Defendant by her. She additionally sent home to the Defendant most of the household items, clothing and groceries required by the children and the Defendant for day to day living.

12 9. The Applicant states that from the savings which arose from her remittances, in or around the year 1982 the Defendant was able to open the liquor store business "One Stop Liquor Store" at 63 Great Georges Street, Savannah-la-mar in the parish of Westmoreland.

13 10. The Applicant exhibited letter dated 12 ^th August 1981 "JL4" from the Defendant to her. Her Counsel submitted that in this letter the Defendant acknowledged her contributions and requested her to send funds from the United States.

14 11. In or around 1984 the matrimonial home at East Street was acquired at the price of One Hundred and Thirty-five Thousand Dollars. This money came from the remittances sent by the Applicant, also from a lump sum which she brought home from the United States of America at the closing of the purchase.

15 12. In 1986 the Defendant invited the Applicant to return to Jamaica permanently because as he put it, having acquired the matrimonial home, "We can now live". The Applicant returned and joined him in the liquor store business. She proceeded to work with the Defendant in the liquor store business as the cashier. She did so without drawing a salary, save and except money for groceries and for household items.

16 13. The Applicant says that matters went well until about 1988 when she discovered that the Defendant was carrying on a relationship with another woman.

17 14. Sometime in 1990 the parties learnt that the premises at 74 Great Georges Street were up for sale and they decided to build a commercial complex on the site. Construction was completed in 1991.

18 15. The Applicant states that she continued to work in the business without a salary until March 2001. During this period the Defendant made the following acquisitions from the proceeds of the business:-

• (a) Premises situate at Shantilly, Savannah-la-mar, which was subsequently sold by the Defendant without accounting to her.

• (b) 4 lots of land situate at Llandilo, Phase 3, Savannah-la-mar, Westmoreland, being Lots Nos. 303, 306, 115 and 320.

• (c) 7 Lots at Farm Pen, Savannah-la-mar in the parish of Westmoreland.

19 16. Sometime in March 2001 the Defendant started one of the controversial pyramid schemes called the "Partner Plan". The Applicant objected to it. The Defendant was insistent and in an argument assaulted the Applicant. Arising out of the dispute, the Defendant barred her from returning to the business premises on 28 ^th March 2001.

20 17. The Defendant in...