Wills v. Wills (Jamaica)

Wills v. Wills (Jamaica) [2003] UKPC 84 (01 December 2003)

ADVANCE COPY

Privy Council Appeal No. 50 of 2002

Myra Wills Appellant

v.

Elma Roselina Wills Respondent

FROM

THE COURT OF APPEAL OF JAMAICA

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 1st December 2003

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Present at the hearing:-

Lord Bingham of Cornhill

Lord Rodger of Earlsferry

Lord Walker of Gestingthorpe

Sir Martin Nourse

Sir Philip Otton

[Delivered by Lord Walker of Gestingthorpe]

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This appeal raises issues as to the acquisition and extinction of title to land under the Limitation of Actions Act of Jamaica. The issues arise in an all too familiar context, that is where property is owned by a husband and wife as joint tenants and there is a breakdown of the marriage leading to separation and divorce. It is however a very unusual context, so far as reported cases go, for a dispute as to whether one co-owner (in this case, the husband) acquired title by possession from the other co-owner (his first wife).

The proceedings were commenced by originating summons and were heard on affidavit evidence without cross-examination, even though the affidavits revealed severe conflicts of evidence on a number of points, and other matters which called for further elucidation. This presented the trial judge (Chester Orr J) with a difficult task in making findings of fact, although it must be said that he may have increased the difficulty of his task by reserving judgment for over two years. The Court of Appeal (Rattray P, Bingham JA and Langrin JA (Ag) ) did not disturb any of the judge's rather limited findings of fact, and the Board has been urged not to depart from concurrent findings in the courts below.

Their Lordships would, in accordance with their normal practice, be very reluctant to depart from concurrent findings of fact, even though the judge did not (as there was no cross-examination) have the advantage of seeing and hearing the witnesses. But in the course of the hearing before the Board it became apparent that although there are some strong conflicts of evidence, and although there are several points which could usefully have been explained, the most salient events are largely common ground. The following summary sets out matters of common ground except where otherwise indicated. For clarity, the parties' first names are used; this does not of course convey any disrespect.

The Facts

Mr Alexander George Wills ("George") married his first wife, Mrs Elma Roselina Wills ("Elma") in 1935, when he was aged 24 or 25. They had three children, two daughters and a son, born between 1935 and 1941. George worked for all his adult life as a building contractor. He and Elma owned various homes, pooling their resources and building their houses themselves. The two properties relevant to this appeal are 84 Sunrise Crescent, Kingston ("Sunrise Crescent") and 6 Newleigh Avenue, Kingston ("Newleigh Avenue"). Sunrise Crescent was transferred to George alone, as a vacant…

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