ISSUES 1 & 2:
IS THE LEARNED TRIAL JUDGE’S CONCLUSION THAT THE RESPONDENT
ALSO CONTRIBUTED TO THE EXTENSIONS AND RENOVATIONS CARRIED
OUT BY THE APPELLANT SUPPORTED BY ANY EVIDENCE?
AND
DID THE RESPONDENT DISCHARGE THE BURDEN THAT SHIFTED ON HIM
TO PROVE THAT HE PAID FOR THE COMPLETION RENOVATIONS AND
EXTENSIONS CARRIED OUT BY THE APPELLANT ON THE MATRIMONIAL
HOME
Like the Appellant, I chose to consider issues 1 and 2 together given
their relationship. It is the contention of the Appellant that the
holding and conclusion of the learned trial judge that the
Respondent also contributed to the extensions and renovations
carried out on the matrimonial property were not supported by the
evidence on record especially after the learned trial judge had held
severally to the contrary. The Appellant cited several instances in
their brief of argument how the trial judge had held on many
instances how and why the Appellant; Applicant therein had
satisfied the evidentiary burden of proof to shift the burden of proof
on the Respondent to prove that it was he who had paid for all the
developments on the property.
I seem to agree with the Appellant that the learned trial judge had
perhaps made a detour from his findings in his judgment as I see on
the record by the evidence adduced therein which were perhaps in
conflict with his subsequent holding and conclusion. Given the fact
that the learned trial judge after having seen the affidavit evidence
filed by both parties and after having heard the oral testimony of
both parties during cross examination, drew the conclusion that the
Appellant had satisfied the evidential burden of proof to shift the
burden on the Respondent to prove that it was he who paid for all
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
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