outside the confines of judicialism by circulating or
undulating between 18% and 20%. I do not think that
was available to him, again the judge that he is.”
Having so found and held as above and in any absence of any
supporting evidence before the trial court, I reverse and set aside
that finding of the trial court that the Respondent is entitled to a
share of the value of the development of the matrimonial property
herein as held by the trial judge. Having done this, it is my view under
the circumstance that the proper and safest thing to do at this stage
is to hold that the Respondent is the owner of the piece of land in
question and that the Appellant as found by the learned trial judge
has paid significantly for the construction and expansion works that
was carried out on the matrimonial home. This is following from the
holding of the learned trial judge that where it was practically
impossible to precisely calculate the proportions of a party’s
contributions to the matrimonial home to enable a determination of
their respective shares, the equitable principle that equity is equality
will be applied. In the English cases of COKER V COKER (1964) LLR.188
wherein the case of RIMMER V RIMMER (1952) 2 ALL E.R. 863 was
referred to, the issue was raised as to whether it was fairly possible to
assess the separate beneficial interests of the husband and wife by
reference to their contributions to the purchase of a house; it was
held in that case thus:
“In this case, both husband and wife were wage earners.
They brought a house in the name of the husband as the
matrimonial house. The wife provided the deposit for the
house. The rest of the purchase money was borrowed on
the security of a mortgage from a building society in the
name of the husband. Part of the principal of the
mortgage money was repaid out of the housekeeping
money provided by the husband. The remainder was
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
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