March-Brown, Bevon v Brown, Xavier St. Michael

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE HIGH COURT CIVIL DIVISION

CLAIM NO. HCV 0886 OF 2004

BETWEEN BEVON MARCH-BROWN CLAIMANT

AND XAVIER ST. MICHAEL BROWN DEFENDANT

Mr. Gordon Steer & Miss D. Dowding instructed by Chambers Bunny & Steer for

the Claimant

Mr. Leroy Equiano instructed by Mrs. Duncan Ellis for the Defendant

Heard: October 1, and 4 2007 and September 9, 2008

MCDONALD J

In this application the Claimant seeks a declaration that she is entitled to 100%

interest in the property located at 63 West Aintree Section 7 West Greater

Portmore in the parish of St. Catherine registered at Volume 1280 Folio 715 of

the Registered Book of Titles.

The Defendant is contending that he is entitled to 50% interest in the said

property. The parties were married on the 18th December 1983 and at the time

of the filing of Claim i.e 10th April 2004 the parties were divorced.

Mr. Steer alluded to the fact that he was proceeding under the Married Women’s

Property Act and that Section 24 of the Property Rights of Spouses Act permitted

him to do so.