Amory v Amory

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 10 May 1975
• Neutral Citation: KN 1975 HC 1
• Docket Number: No. 30 of 1974.
• Date: 10 May 1975

High Court

Glasgow, J.

No. 30 of 1974.

Amory

and

Amory

Appearances:

C. L. Wilkin for plaintiff

Dr. W.V Herbert for defendant

Family law - Husband and wife.

Facts: The plaintiff claimed half share of he matrimonial property by virtue of the Married Women's Property Act, Cap. 328. All the property was acquired after marriage and included a bakery. The plaintiff was a house wife and at some time assisted the defendant in his various businesses carried on from time to time.

Held: That in all the circumstances it was fair and reasonable that the defendant be given half share in the properties existing.

Glasgow, J.

1 The Plaintiff by originating summons claims against the Defendant–

• (a) A declaration that the Plaintiff is entitled to a half share in the properties listed in the Schedule thereto title to which said properties is held by the Defendant.

• (b) Such order as to the ownership and/or possession of the said properties as may be just.

• (c) Such further or other relief as may be just.

2 The properties listed in the Schedule to the summons are as follows:–

• 1. Land and premises situate at Greenlands in the town of Basseterre in the Island of St. Christopher.

• 2. Land and premises known as “Rest Harrow” situate at Victoria Road in the town of Basseterre in the Island of St. Christopher and held by the Defendant by Certificate of title dated the 28 ^th day of January, 1964 and registered in Book R. 1, Folio 110 d the Register of Titles of the Island of St. Christopher.

• 3. Land and premises known as “Park View Motel” situate at Victoria Road in the town of Basseterre in the Island of St. Christopher and held by the Defendant by Certificate of title dated the 19 ^th day of August, 1964 and registered in Book R.1, Folio 136 of the Register of Titles of the Island of St. Christopher.

• 4. Land and premises known as “The Coffee Shop” situate at Cayon Street, in the town of Basseterre in the Island of St. Christopher and held by the Defendant by Certificate of Title dated the 28 ^th July 1966, and registered in Book S. 1, Folio 163 of the Register of Titles of the Island of St. Christopher.

• 5. Land and premises situate at Wellington Road in the town of Basseterre in the Island of St. Christopher held by the Defendant by Certificate of Title dated the 9 ^th day of October 1970, and registered in Book V.1, Folio 102, of the Register of Titles of the Island of St. Christopher.

• 6. All that lot of land containing by admeasurement 14.88 acres formerly part of West Farm Estate and including Boyds Village and held by the Defendant by Certificate of Title dated 13 ^th day of April, 1972, and registered in Book X. 1, Folio 61 of the Register of Titles of the Island of St. Christopher.

3 The summons was supported by a lengthy affidavit sworn by the Plaintiff and also by a supplementary affidavit subsequently sworn by the Plaintiff. The Defendant's affidavit in reply followed the

4 Plaintiff's affidavits. The Defendant does not admit that the Plaintiff is entitled to a half share in the properties in dispute. At the hearing of the summons the Plaintiff and Defendant gave oral evidence. Each was cross-examined at length by counsel on the other side. No other witnesses testified at the hearing.

5 The facts which are not in dispute and those which I find are as follows:– The parties were lawfully married on the 14 ^th January 1955. On the 28 ^th January 1973 a decree nisi was granted by the High Court in St. Christopher in favour of the Plaintiff in a suit in which the Plaintiff was Petitioner. At the date of the said marriage neither the Defendant nor the Plaintiff held any interest in any real property in the Island of St. Christopher or elsewhere and they resided at Cayon Street, in the town of Basseterre in the premises of the Plaintiff's mother Alma Irene Hendrickson (now deceased).

6 Immediately prior to the marriage the Defendant carried on a bakery business at Market Street in the town of Basseterre and a small grocery at Baker's Corner in the said town. The Defendant also owned a house at College Street, Basseterre, and a Ford motorcar. At that time the Defendant also had an account at the Royal Bank of Canada. The Defendant employed three persons for the purpose, of his bakery and baked five bags of flour daily. He employed only one person in the grocery.

7 By Indenture of Conveyance dated the 26 ^th September 1955 and recorded in the Registry of Deeds of the Island of St. Christopher as Deed No. 28,575 the Plaintiff's mother, in consideration of the natural love and affection which she bore to the Plaintiff and the Defendant, and also of the sum of one shilling, conveyed to the Plaintiff and the Defendant as tenants in common in equal shares a lot of land together with the building thereon situate at Church and Cayon Streets, in the town of Basseterre, These premises will be hereinafter called “the Bakery Premises”.

8 The Defendant built an oven on the Bakery Premises with his own money. He then demolished the wooden building then standing on the Bakery Premises and constructed on the said premises part of the wall structure which presently stands thereon. In order to construct the said wall structure, the Plaintiff and the Defendant obtained credit for, the price of the building materials used in the construction of the said wall structure from one Stanley Gumbo (now deceased) who was at that time the proprietor of the business known as “John Gumbs”. To obtain the required credit facilities, the Plaintiff and the Defendant executed in favour of the said Stanley Gumbo a legal mortgage over the Bakery Premises. The said mortgage was in due course discharged and the Bakery Premises were reconveyed to the Plaintiff, and the Defendant by the said Stanley Gumbs.

9 By this time the Defendant had transferred his bakery business from Market Street to the Bakery Premises. The Defendant next bought electrical baking equipment with money which...