Wallace, Raymond v Ruth Wallace

• Jurisdiction: Jamaica
• Judge: Williams, J. (Ag.)
• Judgment Date: 28 July 2003
• Judgment citation (vLex): [2003] 7 JJC 2802
• Court: Supreme Court (Jamaica)
• Date: 28 July 2003

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

BETWEEN

RAYMOND WALLACE

APPLICANT

AND

RUTH WALLACE

RESPONDENT

Appearance

MATRIMONIAL PROPERTY - Beneficial interest - Common intention

Williams, J. (Ag.)

1 By an originating summons dated 6 ^th October, 2000, brought under section 16 of the Married Women's Property Act, the applicant seeks the following relief: -

• (a) A declaration that the Applicant is entitled to a minimum of 50% interest in respect of premises known as Lot 87 Greenwich Mews, Steer Town Housing Scheme in the parish of St. Ann registered at volume 1232 Folio 251 of the Register Book of Titles.

• (b) Or in the alternative an order to determine the respective interest of the applicant and the respondent in the said premises

• (c) The respondent should take no steps by sale assignment of any right title or interest which she now purports to have in the said property or to do any act whatsoever to create any right, title or interest thereon

• (d) That a valuation of the said premises be taken or alternatively that a valuation agreed upon by the Applicant and the Respondent be taken and the applicant be permitted to purchase whatsoever the Respondent may have in the said premises.

• (e) And generally for a still further order that the respondent be restrained from acting with regard to the property mentioned above.

• (f) That the Registrar of the Supreme Court be empowered to sign any and all documents to effect a registrable transfer if either party refuses or is unable to do so.

• (g) Such further or other consequential relief as this Honourable Court deems fit.

• (h) Such costs as are incidental to the proceedings.

2 At the hearing in chambers on July 22,2003 the respondent was absent and her attorney admitted having not been in communication with her for sometime and having been informed by relatives that she was abroad. This absence was despite the fact that as early as September 2002 the applicant' attorney-at-law served notice of the requirement for the respondent to attend to be cross-examined as to the contents of her affidavits filed herein.

3 Miss McFarlane for the applicant, indicated her willingness to waive this requirement and proceed to deal with the matter on her affidavit. The applicant was present as required and was duly cross-examined by Miss Beckford for the respondent.

4 Both sides are agreed that after their marriage in 1999 — they resided in rented accommodations with other members of their family. The respondent the time however was not permanently resident in Jamaica. A decision was made to purchase a house in 1990 and this was done through the National Housing Trust with a 100% mortgage.

5 After acquiring a two bedroom house with the usual amenities a decision was taken to expand this house.

6 The premises as improved, now consists of four bedrooms, two bathrooms, a new kitchen, a dedtv room, a washroom, a dining room, an extended living room and a front patio verandah.

7 Applicant's Case

8 The applicant in his affidavit insists that this wife's name was added to the title on his own "volition". She was out of the island when the initial application was made and thus be states he waited until she had returned to take the necessary steps to have her name added. He also says the National Housing Trust at the time did not accept joint applications and the fact that she was not ordinarily resident here would present a problem.

9 In evidence he explained that it was a 100% mortgage which was obtained to finance the purchasing of the house. He commenced arrangements for the mortgage to be paid by deductions from his salary and these payments started in January or February in 1991.

10 There was in fact exhibited a letter addressed to the attorney-at-law for the applicant under the signature of the Branch Manager at the Head Office of the Cable & Wireless Jamaica Employees Co-operative Credit Union Limited confirming that the Credit Union had been remitting standing order payments to the National...