the developments on the property. See pages 143 and 144 of the
record where it is held thus:
“From the totality of the evidence, notwithstanding the
contradictions of the Applicant concerning her claim that
she bought materials for the property in 2010 when the
Respondent has already filed for divorce and her
evidence concerning her property in Tallinding as
indicated in the preceding paragraph, I believe the
Applicant has satisfied the evidential burden of proof to
shift the burden to the Respondent to prove that it was he
who paid for all the developments on the property. The
Respondent has stated that he was working in the USA
and sent money to the Applicant and particularly for the
extension works on the property. He however did not
produce any documentary evidence whatsoever on his
income or the transfer of money to the Applicant.
On the preponderance of evidence and taking into
consideration that the parties were a married couple and
cohabiting, and the evidence that the Applicant
contributed her own moneys towards the Respondent
travelling to USA; on the education of the children and on
the payment of bills, I accept that the Applicant also
expended her own moneys on the development of the
property which going by the extent of the works that were
carried out on the house, amounts to a substantial
contribution. Having said this, I also believe that the
Respondent contributed towards the works carried out on
the property when the Applicant was residing in
Gloucester Street at the time she was moving into the
house and also to the extension of the property when he
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 10
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