Appellant has done some works on the tiling on the property. The
Respondent avers that he travelled to the USA in the year 2000 and
was sending the Appellant an allowance every month.
The Respondent also conceded that whilst in the USA, the Applicant
had informed him that she wanted to extend the master bedroom
and widen the veranda because their son was older and needed
more space, but that he told her that he would do the work on his
return from the USA, but because of her persistence, he finally
agreed to allow her to proceed with the said works on the
matrimonial home. The Respondent avers that he financed these
works because at the time he was working for Delta Airlines at the
Airport and was able to remit monies to the Appellant periodically to
finance these works. I must however say as at this point that the
Respondent has not provided any evidence of the remittances he
claims to have been sending to the Appellant or any evidence that
he worked with Delta Airlines in the USA. The Respondent further
avers that he has had no understanding of any sort with the
Appellant that the property in question was to be their joint
matrimonial home. That when he returned from the USA in 2007, all
the construction works were now complete and as he had started
encountering marital problems with the Appellant, he filed for
divorce which he obtained on the 17th of August 2010. The
Respondent avers that he tried to get the Appellant to leave the
matrimonial home, but she had refused. That the Appellant has a
property in Tallinding which she had started to develop and the
receipts exhibited by the Appellant were purchases of building
materials toward that project and those materials were not for the
construction of the matrimonial house at Kanifing East Layout. The
Respondent avers that the Appellant has no rights over his property
and ought not to live there anymore. He therefore sought from the
Kanifing Magistrates' Court for an eviction order from the said
property.
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
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