Broomes v Broomes

• Jurisdiction: Barbados
• Judge: Rocheford, J.A.
• Judgment Date: 13 June 1980
• Neutral Citation: BB 1980 HC 22
• Docket Number: No. 594 of 1978
• Date: 13 June 1980
• Court: High Court (Barbados)

Supreme Court - High Court - Civil Jurisdiction

Rocheford, J. (Ag.)

No. 594 of 1978

Broomes

and

Broomes

Mr. L. Griffith, Attorney at-Law for the plaintiff.

Mr. C.C. Alleyne, Attorney-at-Law for the defendant.

Family law - Husband and wife — Matrimonial property.

Facts: The plaintiff made an application under s. 31 of the Married Women Act, Cap. 219 seeking a declaration that the property, the subject matter of the litigation was jointly owned by the defendant and herself — The plaintiff's evidence was accepted and a finding made that it was the common intention of the parties that the plaintiff should have a share in the beneficial ownership of the properties and that the plaintiff's contribution to the joint savings were made on this understanding.

Held: Declaration made that the defendant held the legal estate in the properties as a trustee for the plaintiff and himself and that the beneficial interest in these properties belonged to the parties in equal shares.

Rocheford, J.A.

1 This is an application by summons under Section 31 of the Married Women Act Chapter 219 of the Laws of Barbados in which the plaintiff seeks the determination of all questions between the plaintiff and the defendant with respect to the ownership of the following:–

1

All that certain piece or parcel of land situated at Maxwell Terrace, Christ Church together with the dwelling house thereon or the proceeds thereof. 2. All that certain piece or parcel of land situated at Maxwell Terrace, Christ Church or the proceeds thereof. 3. All that certain piece or parcel of land situated at Brighton, St. Michael, containing by admeasurement 7,843 square feet or thereabouts together with the dwelling house thereon known as Vested or the proceeds thereof. 4. All that certain piece or parcel of land situated at Brighton, St. Michael containing by admeasurement 6,020 square feet or thereabouts together with the dwelling house thereon or the proceeds thereof. 5. All that certain piece or parcel of land situated at Newcastle, St. John or the proceeds thereof. 6. All that certain piece or parcel of land situated at Newcastle, St. John, butting and bounding on the parcel listed at 5 above, or the proceeds thereof. 7. 500 shares in Cave Shepherd & Co. Ltd. 8. A Monza motorcar. 9. $1,950 being the balance of proceeds of $2,424.36 taken or obtained from the plaintiff on or about the 21st June 1977.

2 The plaintiff seeks a declaration that the properties listed above at 1 to 8 are owned jointly by the defendant and herself, and that the sum of $1, 950 (listed above at 9) is owned solely by herself.

3 The plaintiff, in her affidavit is support of the summons, alleged that she worked throughout the period of the marriage and contributed towards the upkeep of the home except for a period of 3 months when she was on maternity leave, and that she had always, in keeping with the defendant's demands, placed her earnings, less a small amount for transportation and lunch, at the disposal of the defendant with the understanding that any savings would be used to buy property for the children of the marriage, the defendant and herself. She further alleged...