Alleyne v Lowe

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Williams, J.
• Judgment Date: 09 April 1986
• Neutral Citation: BB 1986 HC 29
• Docket Number: No. 193 of 1985
• Date: 09 April 1986

High Court. (Family Division)

Williams, J.

No. 193 of 1985

Alleyne

and

Lowe

Mr. W. L. Inniss for the applicant.

Mr. C. E. Lashley for the respondent.

Family law - Children — Custody — Applicant sought an order that she be granted sole custody of the children of a de facto union — Respondent made a counterclaim for joint custody — Order made for joint custody of the children with care and control of the applicant and reasonable access to the respondent.

Family law - De facto spouses — Property adjustment — Applicant sought an order that she was the sole owner of the house and household effects — Respondent sought order for equal division — Declaration by Court of 1/3 interest in the house for the respondent and 2/3 for the applicant.

Family law - Maintenance — Children — Applicant sought an order that the defendant pay maintenance for the children of a de facto union — Respondent ordered to pay $25 per week for each child.

Williams, J.

1 These parties, Ena Alleyne and O'Neal Lowe, began to cohabit from about 1970 – 1971. They had two children, Ricardo born on January 5, 1972 and Juan on November 27, 1974. They separated in June 1985, Alleyne, with the children, leaving their home at Parish Land, St. George.

2 The dispute before the court relates to the house where they lived; the household effects; 2 canteens; and the custody of, and maintenance for, the children both of whom still live with Alleyne.

3 The applicant Alleyne seeks a declaration that she is the sole owner of the house and the household effects and that she be granted custody of, and maintenance for, the children.

4 The respondent seeks equal distribution of the assets, that is the house, its effects and the canteens. He also seeks an order for joint custody of the children.

5 At the commencement of the union they lived with Alleyne's father Gerald. Around 1972, 1973 a wooden house was constructed at Parish Land, St. George and they moved into this house. Later, around 1978 to 1980, a wall section was added. In the meantime and thereafter the house was furnished and equipped.

6 Alleyne is now a canteen operator. She sells cosmetics, drinks and food from a van. She also runs a mobile canteen at construction sites though her evidence is that it has not been operative since sometime in 1985.

7 Alleyne's evidence is that over the period of their relationship Lowe was a drinker, a gambler and a spendthrift. More than once in her testimony she alluded to this. He, she said, was nobody to rely on. He would bring home money when he felt like it. It is against this background that she testified that she provided the money that went into the construction of the house, the acquisition of the furniture, and the purchase of the van and the canteen. She does not dispute that Lowe obtained loans from the Bank of Nova Scotia for house improvement. But her story is that the loans were not applied for the purpose for which they were granted. It was she who built the house.

8 Lowe denies that he was a drinker, a gambler or a spendthrift. His testimony is that he assisted in paying for the material used in building the wooden house; he borrowed money for use in the construction of the wall section and the money was applied for the purpose for which it was borrowed; he assisted in digging the foundation, mixing concrete and paving the yard; he also purchased concrete blocks on a cash basis and he brought material to assist in the construction of, and the paving around, the house. With respect to the van he admits that he made no direct contribution to the down-payment of $5,000 but he deposes that it was his weekly contributions to the running of the house that enabled Alleyne to make the down-payment. He admits that the installments on the van were paid by Alleyne and that the canteen was bought from Miss Barrow.

9 It is clear that Alleyne was and is an industrious woman. She worked most of the time and at a variety of places — Hill Supermarket, Furniture Limited and the Top Fashion, Ju-Ju and Everybody Stores. She did home smocking, iced cakes and assisted at dances held by Lowe. She now makes her living selling from a van.

10 One of the issues concerns Lowe's characterization as a waster. In my view the evidence as a whole has not shown this. He worked at Jason Jones, C.O. Williams Construction and the Transport Board where he is now employed as a chauffeur. He used to drive a taxi between jobs. He did overtime work. He held annual dances. He tried to operate a shop and he gave an explanation for its failure which seems...