Gumbs v Gumbs

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Joseph, J.
• Judgment Date: 23 November 1984
• Neutral Citation: AI 1984 HC 8
• Docket Number: Civil Suit no. 8 of 1983
• Date: 23 November 1984

High Court

Joseph, J.

Civil Suit no. 8 of 1983

Gumbs

and

Gumbs

Appearances:

Mr. I.D. Mitchell for Plaintiff.

Mr. J. Benjamin for Defendant.

Family law - Husband and wife — Matrimonial property. —

Facts:

This was an application by the wife for half share in the matrimonial property. The parties were married in 1947 and had also lived together for a considerable time before marriage. The issue was whether a common intention could be inferred from the evidence that the beneficial interest in the property should be shared —

Held:

The plaintiff wife's contribution was considerably smaller than the defendants. The plaintiff's beneficial interest should be assessed at 1/8. A declaration was made that the property in question was held by the plaintiff and the defendant in joint beneficial shares as tenants in common with 1/8 interest belonging to the plaintiff and 7/8 to the defendant.

FINDING

Joseph, J.

1 The parties were married on 3rd June 1947 and lived in the Plaintiff's Mother's house for some time. The defendant went to Aruba around 1948. Around 1951 the plaintiff's sister, Ella Richardson, had a conversation with the plaintiff who then wrote the defendant and told him that she would sell her property to them for $734.50. This is the property which is the subject of this action.

2 In 1955 the plaintiff's mother died. The house was dismantled under the supervision of the defendant and materials from half of the house were used to make shutters in two rooms that had been added to the purchased house by the defendant.

3 I believe the evidence of the defendant that from England — he had gone there in 1958 — he sent £80 to have glass windows put in the house.

4 I shall now consider the question of the purchase of the property. The defendant stopped short of saying that the money used for the purchase of the house was taken from a bank account in St. Kitts

5 His evidence reads:

“The house was to cost $734.50. It was belonging to Ella and George Richardson, brother-in-law to same wife. I had bank account in Basseterre, St. Kitts and I had bank book with me in Aruba. Jane's name was joint with account. I can't remember amount it had at the time but it was close to $2,000.000 I sent the book registered to my wife Jane. I told her in the letter I would like to have a first cousin Edmund Sasso to present me by going and checking the house first before carrying this money to them”.

6 He explained that as the seller was related to the plaintiff he considered that he should ask his cousin to check the house.

7 The evidence of the plaintiff is that she kept small stock and so was able to put up half of...