Weir, Delvina v Weir, Elisha

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN HIGH COURT CIVIL DIVISION

CLAM NO. f-ICV-22 12 OF 2004

BETWEEN

AND

DELVINA WEIR

ELISHA WEIR

CLAIMANT

DEFENDANT

HEARD: April 3, October 26 2006.

Mr. Gordon Steer instructed by Chambers Bunny & Steer for the

C'i Claimant.

Mrs. Janet Taylor instructed by Taylor Deacon & James for the

Defendant.

Mangatal J:

1. This is an application by a wife for determination by the Court of

questions under the Married Women's Property Act. The wife

claims to be entitled to a fifty percent interest in property at

Retreat, also called Bybrook, in the Parish of Saint Elizabeth.

2. The husband says that despite the wife having made minimal

contributions to the house, she is entitled to a twenty five percent

interest in the property and no more. She is also entitled to all the

furniture and appliances provided by her, and a motor car as he

says he did not contribute to the purchase of any of those items.

3. The Wife's Case.

The wife in her Affidavit sworn to on the 24th August 2004, states

that she and the husband were married on the 23rd of August

1997. They are both Jamaicans who had migrated to England and

eventually returned to live in Jamaica. In January 1997 they were

both in Jamaica on holiday when a friend told them about a piece

of land in Santa Cruz which was for sale. The parties looked at the