was in the USA. I am however unable to find precisely the
proportion of their respective contributions.”
This conclusion arrived at by the learned trial Judge is not supported
by the evidence on the record of the court below and is at great
variance with his finding in the judgment that it was the Appellant
who had produced evidence before the trial court of contributions
towards the extensions and renovations carried out on the
matrimonial home. The trial judge has already held that the
Respondent did not adduce any evidence to support his claim of
either building or expanding the property in question, how then was
he to arrive at such a conclusion. Whilst I agree with the learned trial
judge that he may have been unable to find out precisely the exact
proportion of their respective contributions, he could not in my view
safely hold that the Respondent had made any contributions
towards the matrimonial home in the absence of any evidence in
support of this proposition.
I therefore find and hold that the learned trial judge was in error in
arriving at such a conclusion as there was no iota of evidence
adduced by the Respondent to this effect save for what the
Appellant did not dispute as to what she found on the property
when they sought to move into the matrimonial home.
I similarly did not find on the record before me that the Respondent
had discharged the burden that shifted on him to prove as he
asserted that he was the one who had paid for the completion of
the renovation and extension works that was carried out by the
Appellant on the matrimonial home. The respondent herein has not
even proved that he carried out any development on the property
itself save for having acquired the piece of land which has not been
disputed. It is trite that the burden of proof shifted on the Respondent
after the Appellant proved the extent of the works that she had
effected on the matrimonial property with numerous pieces of
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 11
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