West-Brown,Mitelle Corine v Beresford Elisha West

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
I CLAIM NO. 2013 HCV 00215
BETWEEN MISTELLE CORINE BROWN-WEST CLAIMANT
AND BERESFORD ELISHA WEST DEFENDANT
Mrs. Yvonne Ridguard for the Claimant
Mr. Garth McBean Q.C. instructed by Green & Moodie for the Defendant
Heard: July 3 and October 29,2014
Matrimonial PropertyISections 2, 6 and 7 of the Property
[Rights of Spouses] AcUdefinition of the 'family home'/
Sections 12 [I], 13, 14 - lump sum paymenUdivision of
other property
Straw J
[I] The Claimant, Mistelle Brown West is seeking a declaration that the house in
which she lived with her former husband, the defendant, Beresford West, in Boston,
Portland on lands registered at Volume 1194, Folio 536 of the Register Book of Titles, is
the family home of the parties pursuant to section 2 [ I ] of the Property [Rights of
Spouses] Act [PROSA].
[2] She is also seeking a declaration that both parties are equally beneficially entitled
to the said 'family home' pursuant to section 6 [ I ] [a] of PROSA. The parties have