Jeffers v Jeffers
| Jurisdiction | Saint Kitts and Nevis |
| Judge | Hylton, J. |
| Judgment Date | 11 January 1993 |
| Neutral Citation | KN 1993 HC 1 |
| Docket Number | 1 of 1992 |
| Court | High Court (Saint Kitts and Nevis) |
| Date | 11 January 1993 |
High Court
Hylton, J.
1 of 1992
Dr. H. Browne and Mr. G. Hamilton for Petitioner.
Mr. E. Ferdinand and Miss E. Kelsick of Kelsick, Wilkin & Ferdinand for Respondent.
Rimmer v. Rimmer [1952] 2 All E.R. 863
Pettitt v. Pettitt [1969] 2 All E.R. 385
Thomas v. Thomas (1960) 3 W.I.R. 1
Silver v. Silver [1958] 1 All E.R. 523
Gissing v. Gissing [1970] 2 All E.R. 780
Family law - Husband and wife — Divorce — Claim by petitioner for ancillary relief. — Respondent to pay petitioner certain sum for the duration of their joint lives or until petitioner remarries.
On 24th April, 1982 the Petitioner then Icilma Elvyra Maynard an Audit Clerk and McNish Joseph Jeffers an Accountant were married and it appears that shortly thereafter they set about acquiring a home of their own as they had planned prior to marriage.
On the 20th May, 1992 —just 10 short years after the marriage it was dissolved as a result of the cruelty of the Respondent towards the Petitioner and it was further ordered that custody of the two (2) children of the marriage —(one born five (5) months after the actual separation of the parties) be granted to the petitioner, that the Respondent be given reasonable access to the children and that the issue of ancillary relief be reserved to Chambers.
Summons in Chambers for Determination of Ancillary Relief was filed on 25th July, 1992 and affidavit in support thereof was filed on 27th July, 1992. Affidavit of the Respondent in opposition was filed on 9th October, 1992 and on 15th December, 1992 a Summons in Chambers was filed on behalf of the Petitioner supported by affidavit of even date seeking an Order that the Respondent make an Interim Lump sum payment to the Petitioner from rents collected by the Respondent in respect of the matrimonial home. This Summons was heard in Chambers on 18th December, 1992 and the Respondent was Ordered to pay $10,000.00 to the Petitioner by 23rd December, 1992.
The Summons for Ancillary relief was heard in Open Court on 6th and 7th January, 1993.
The Petitioner relied on her affidavit —gave evidence briefly and was cross-examined at length likewise the Respondent.
The Petitioner deponed and testified that the agreement to build a matrimonial home by their joint effort was made before marriage and from his savings the Respondent purchased Lot 9 Frigate Bay for $24,000.00.
In order to construct the matrimonial home on this lot of land the husband and wife jointly applied for and obtained a loan of $137,800.00 from Barclays Finance Corporation of the Windward and Leeward Islands (Barfincor). In order to obtain this loan joint application was made —completed in the handwriting of the Respondent and signed by both Petitioner and Respondent. The Statement of Affairs which formed part of the joint application for Mortgage Finance disclosed that the assets were -
(1) Cash in Hand and in Banks -$22,766
(2) Investments —McCarths Car Rental —$7,900
(3) Details of Properties:
(i) Land at Frigate Bay —$36,000
(ii) Property at Salt Pond Alley —$50,000
(iii) Property at Fort Thomas Road —$58,000
The cash in hand included $18,069 of Respondent's savings and $7,900 represented the Respondent's interest in a Car Rental business with his brother.
Of the properties the land at Frigate Bay was that bought by the Respondent from his Savings. The property at Salt Pond Alley was owned by the Petitioner and property at Fort Thomas Road was owned jointly by the Petitioner and her mother. The $58,000 represented the Petitioner's share of the value thereof. Certificate of Title in respect of the Frigate Bay Land was issued to the Respondent on 10th January, 1983 (after the marriage) and the application for Mortgage Financing was made three (3) months after obtaining title that is on 19th April, 1983 —just 12 months after the marriage.
By an Indenture between the Respondent and the Petitioner (married woman with separate estate) of the One Part and Barclays Finance Corporation of the Windward and Leeward Islands of the Other Part, the Respondent and Petitioner charged the land at Frigate Bay and Insurance Policies on their respective lives in order to obtain the said loan of $137,800, on 28th February, 1984 and by a Memorandum of Mortgage of even date the Respondent mortgaged the Frigate Bay land to Barfincor.
The evidence discloses that the loan was approved on 17th August, 1983 but the couple did not commence appropriating same immediately in an effort to save on the interest payments, that is according to the evidence of the Respondent which has not been challenged.
The evidence which I accept and find as true discloses that the Petitioner contributed $51,000.00 (from the sale of her Salt Pond Alley property) to the construction and the Respondent contributed $48,439. Upon completion of the house the Petitioner provided $17,000 for construction of a fence thus bringing her actual cash contribution to $68,000. This evidence proves that the provision of the matrimonial Home was a joint effort in every possible way.
The evidence which I accept also discloses that the Respondent and Petitioner agreed that the Petitioner would contribute ? of the monthly mortgage payments and the Respondent ? and this appears to have been in relation to their respective salaries at the time of the commencement of the mortgage payments in 1984. Other household expenses were met on a 50/50 basis from a joint account which the couple established.
The Respondent deponed and testified to the effect that he did a lot of the work on the house and because of his position at work he was enabled to take time off to purchase materials etc. that he used his brother's truck to transport workers and also to convey stones which he took from the hills to landscape the grounds of the matrimonial house which he did himself with additional labour paid for by himself.
The Respondent's evidence as to the work he did on the house and grounds is accepted —in deed there was no challenge thereto and I find the Respondent did all that he did in order to provide as pleasant and harmonious a setting as possible for himself and his family.
The matrimonial home was built on sloping grounds thus necessitating pillars and the Petitioner testified and I accept her evidence that the space below the house i.e. the main house was intended to be used as a basement and garage but that a joint decision was taken to convert the same into an apartment.
In regard to this apartment the evidence of the parties is diametrically opposed. The Petitioner asserts that it was a joint effort like the construction of the main house or matrimonial home —whereas the Respondent asserts vehemently that it was his brain child absolutely and that he financed the project totally by a loan of $55,000. The Petitioner on the other stated that a Joint account was established at Barclays Bank for this purpose and a loan of $30,000 was obtained therefrom to construct the apartment —repayment being made through the Joint Savings account and in respect of which she produced Savings Account Pass Books No. 4018359 which shows several withdrawals of $804 on a monthly, basis and several lodgments of amounts slightly in excess of $400. In particular on 31st August, 1988 there were two (2) lodgments one of $406.00 and one of $405 This supports the Petitioner's evidence which I accept that this Joint Savings account was established for the purpose of servicing the loan of $30,000 for construction of the two (2) bedroom apartment in the basement of the main house.
Exhibit 8 which was produced by the Respondent —that is a letter from Barclays Bank to him and which is reproduced hereunder-shows that a loan $20,000 was obtained by the Respondent on 15th November, 1984 to convert basement and garage into a two (2) bedroom apartment and an additional amount of $10,000 was loaned on the 16th April, 1985 to complete self-contained apartment. This supports the Petitioner's testimony and contradicts the Respondent.
25th August, 1992
Mr. McNish Jeffers
c/o Skantel
Cayon Street Basseterre
Dear Sir
‘We submit the following information as requested:
15.11.84 Loan granted for $20,000 to convert basement & garage into a two bedroom apartment. Interest rate 12%, repayable $664.40 per month over 36 mths
16.04.85 Additional amount of $10,000 granted to complete self-contained apartment.’ Total loan $30,000. Interest rate 13%, repayable $804.90 per month over 48 mths.
05.05.89 Loan granted for $10,000 to renovate property. Barclayloan granted (inclusive of previous loan balance of $4,526) Principal $14,500 plus interest $4,350. Total $18,850 —Discounted at 10%, repayable $524 per month over 36 mths.
18.01.90 Additional amount of $5,718 granted to...
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