Shirley-Stewart Peaches Annette v Rupert Agustus Stewart

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2007 HCV 0327

BETWEEN PEACHES ANNFiTE SHIRLEY-STEWART CLAIMANT

AND RUPERT AGUSTUS STEWART DEFENDANT

IN CHAMBERS I

Georgette Scott instructed by Townsend, Whyte and Porter for the

claimant

Wendell Wilkins instructed by Robertson Smith Ledgister and

Company for the defendant

October 9, 10, 16 and November 6, 2007 !

DIVISION OF PROPERTY, SECTIONS 2 AND 13 OF THE PROPERTY

(RIGHT OF SPOUSES) ACT

1. Mrs. Peaches Shirley-Stewart is claiming 50% of a house located

at 22 West Strathmore Drive, Kingston 8 ("the disputed property").

She is the wife of Mr. Stewart. The house is owned solely by Mr.

Stewart. She has acknowledged that she did not contribute to the

acquisition of the house. The basis of her claim is the Property

(Rights of Spouses) Act ("the Act"). Under that Act if the property

is the family home and is owned by one or both spouses, then on the

happening of specified events a spouse may be entitled to receive

50% interest in the property (see sections 6 (1) and 13 (1) (c)). Mr.

Wilkins submits that the disputed property was not the family home

and therefore cannot be the subject of Mrs. Shirley-Stewart's claim.

I n addition, he submits that this court has no jurisdiction to hear

this claim because the alleged facts took place well before this

statute came into force. I shall take the jurisdiction point first.

Jurisdiction

2. Mr. Wilkins contended that there is nothing in the Act that

permits this court to entertain a claim under the Act when the facts