Murray, Petal Eleanor v Kenneth Anthony Neita

I N 'THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO 2006 HCV 0176

BETWEEN

AND

PETAL ELEANOR MURRAY CLAIMANT

KENNETH ANTHONY NEITA DEFENDANT

I N CHAMBERS

Mr. Joseph Jarrett instructed by Joseph Jarrett and Company for the claimant

Mr. Ravil Golding instructed by Lyn-Cook, Golding and Company for the defendant

July 28 and August 18,2006

STATUTORY INTERPRETATION, USE OF PARLIAMENTARY DEBATES AND

MINISTERIAL STATEMENTS, SECTION 2 (1) OF THE PROPERTY (RIGHTS OF

SPOUSES) ACT, RULE 26.3 (l)(C) OF THE CIVIL PROCEDURE RULES

SYKES J

1. The issue in this case is whether a man who is lawfully married but separated from his

wife for over twenty years and during the period of separation was living with another

woman is a single man within the meaning of the word spouseas defined in section 2 (1) of

the Property (Rights of Spouses) Act 2004.

2. Miss Murray, the claimant, is a single woman who has lived for over twenty years with

Mr. Kenneth Neita. It is common ground that Mr. Neita was married on December 8, 1972.

It also agreed that his wife is still alive and they are not divorced although they have

separated for over twenty years. Miss Murray's relationship with Mr. Neita has now ended.

She brings a claim by way of fixed date claim form dated May 15, 2006, in which she is

claiming up to fifty percent of the property owned by Mr. Neita including JA$119,000,000.00

he won in the Jamaican lottery game known as Lotto. According to Miss Murray, Mr. Neita's

success in the Lotto has made him more appealing in the eyes of a particular young woman

in his community. This young lady has succeeded in dislodging Miss Murray from Mr. Neita's

affection. The claim is brought under the Property (Rights of Spouses) Act ("the Act'?.

3. The fixed date claim form was accompanied by an application for a freezing order. Mr.

Neita's riposte was an application to strike out the claimant's statement of case on the >