included her sons. It was the evidence of Mr. Franklyn Dixon, one of the
claimant’s witnesses that the house was already lined out when he got there and
with this evidence the claimant has not disagreed. The 2
nd
defendant testified
that there was material on the ground used to build the bottom of the house, only
cement was not there. Indeed, in 2005 some, if not all of this material still
remained and was used by the parties in the construction of the house.
[61] What is also clear is that the board house the defendants occupied was affected
by a hurricane in 2005, and by then the board house was not in the best
condition. The 2
nd
defendant did say the house had become uninhabitable.
Further, she admitted on cross-examination that water came into the house
through the solitex where the bathroom was joined to the board and got under
the bathroom floor board and rotten it. In all the circumstances therefore, it
appears to be beyond doubt that the board house had become severely
dilapidated and was in need of urgent repair or replacement.
The Alleged Visit to Mr. Clarke’s Store
[62] The claimant testified that both herself and the 2
nd
defendant went and spoke to
Mr. Lenford Clarke, owner of LC Stationery & School Supply at his business
place and the 2
nd
defendant told him, in her presence, that she wanted a form to
put the claimant’s name on the title as a joint tenant as she alone was building a
house for her. The claimant contended that the 2
nd
defendant purchased the
forms from Mr. Clarke but never signed them as they needed to be signed in the
presence of a Justice of the Peace (J.P.) and she did not have the time then to fill
out the form or visit a J.P. In any event, the claimant testified that she did not
think it was urgent as she expected her parents to honour their word. She
therefore kept the duplicate certificate of title as her security for the money she
was spending, as was agreed between her and her parents.
[63] Mr. Clarke’s evidence in that regards was that sometime in 2006, the claimant
and the 2
nd
defendant visited his business place one Thursday afternoon; it was
the first time he was seeing them. The 2
nd
defendant identified herself and the
claimant, as her daughter. She then told him that she had come to purchase a
deed of gift form and that she wanted to put the claimant’s name on the title, as
the claimant was returning to the ‘states’ and she wanted to add her name to the
title before she left. She also told him that the claimant was the only one who
took care of her, gave her money, visited her regularly and was building a house
for her in Cook Bottom, St. Elizabeth. He further indicated in his statement that
he did not have any of the forms but realizing the urgency of the matter, he took
money handed to him by the 2
nd
defendant went and purchased two (2) copies of
the forms. On his return, he handed the forms and the receipt to the 2
nd
defendant.
[64] On cross-examination, he further intimated that knowing the importance, he left
them in the store and went just across the road and bought the forms for them
from a neighbouring store. They then left his store and they did not sign in his
presence. He however also said that he could not recall who he took the money
from but that when he bought the forms the claimant reimbursed him. He stated
that it would not be true that he sold the forms to the 2
nd
defendant as it was the
claimant who gave him the money. However thereafter, he again stated that it
was the 2
nd
defendant from whom he received the money (cash) to purchase
the said forms.
[65] The 2
nd
defendant on the other hand denied that she went to the store with the
claimant to get the forms and stated that she did not know about paying for the
forms.
[66] There is no doubt that the alleged visit to the shop and subsequent happenings
thereat are important because if, as the claimant and her witness maintained, the
2
nd
defendant visited the shop and indicated that she wanted to place the
claimant’s name on the title and bought the deed of gift forms, then that
conduct and the accompanying words could amount to a clear act of assurance
which would have given rise to a very clear expectation.