representation in her favour that the 2
nd
defendant indicated to her an intention
to add her name on the Title as a Joint Tenant.
The Hearsay Evidence of Richard White
[74] Richard White, the claimant’s husband and witness said that from the
commencement of the construction in 2005, he would accompany his wife to the
construction site at the property. In 2006, he became aware that his wife was
short on money to do the plumbing and installation of windows and doors and he
volunteered his services, as he is a plumber and carpenter.
[75] The 2
nd
defendant on cross-examination initially denied that the claimant and her
husband came to look on the house but subsequently admitted that he came
there with the claimant and the workmen. She further stated that she knew
Richard would come there sometimes but not often nor regularly. He would come
just a day to her house but he did not stay overnight. She also said that she did
not know that he was a plumber. She testified that she was there throughout the
whole construction and she never saw him do any plumbing or construction work
but she also admitted that she did not know who did the plumbing work.
[76] As previously indicated, this court is acutely aware of the fact that the evidence of
this witness was not subjected to cross-examination and that he is the husband
of the claimant. Other than his evidence, there was no other evidence offered by
the claimant regarding who did the plumbing work on the house. It is also
observed that the claimant in her evidence referred to a carpenter, masons,
a
tiler and painter but nowhere in her evidence does she indicate that Mr. White,
her husband did the plumbing work on the house. This could however be an
oversight.
[77] Even so, none of her other witnesses refer to seeing him or being assisted by
him, although Mr. Henry acknowledged that he was assisted by the 1
st
defendant
and his grandson, Andre. Even if he did the plumbing work, being family himself
that would not in any way affect the analysis which concluded that there was no
intention for contractual relations to be entered into. Also his work would not in
and of itself suggest that the 2
nd
defendant had made any representation to the
claimant that would form the foundation of a claim for proprietary estoppel. I find
therefore that the evidence of Richard White does not add any weight of
significance to the claimant’s case.
How the Title Documents came into the Possession of the Claimant
[78] The claimant’s evidence regarding how she came into possession of the title
has been inconsistent. She at one point said that she acquired the title before
construction commenced and later that she received it after construction had
started and at a point where her funds were being depleted. She also admitted
that unlike what was previously stated, they did not visit Mr. Clarke’s store on
the same day that she received the title. In any event I have indicated that
claimant’s evidence and that of her witness Mr. Clarke regarding the alleged visit
to Mr. Clarke’s Store has been rejected.
[79] Conversely, the 2
nd
defendant’s account of how the title came into the claimant’s
possession has been largely, consistent, though there is some uncertainty
whether she expected the claimant to keep the documents overnight or not.
The Reason the house was Built
[80] Perhaps, most importantly, both parties agree that the house was built for the
comfort of the defendants. This fact is relevant to the issue of whether proprietary
estoppel has been established and not just to the question of whether
contractual relations were intended by the parties when the project was
embarked upon. In the words of the 2
nd
defendant it was done so that “she
could live life before she died”.
[81] The claimant also intimated that she embarked on the construction of the house
because she had sympathy for her parents and when she volunteered to assist
them, it was not her intention to own the house. She volunteered to assist, as a
child with deep love and affection and commenced assistance because of the
undying love she had for her parents. The condition they were in, in that leaky
house reached her heart and she in turn reached out to them based on her
love and affection for them.
The Room Occupied by the Claimant or her son
[82] The claimant also contended that she kept a room for herself in which she had
furniture and appliances and her son resided in the room until February 2008
when the defendants forced him out of the room. This room she said was broken
into by the 2
nd
defendant. She also testified that she placed a regular lock from
the states on the doors but it was not a keyless lock. The placing of locks on the
door is evidence which in the appropriate circumstance may have caused
someone to hold a reasonable belief that he or she would have control of one of
the rooms of the newly constructed building and by extension, a legal interest.
[83] This is even more so in the instant case, where the defendants by their conduct,
allowed the claimant to exercise control over one of the rooms to the home; they
allowed her to move in her son and to apply a lock on the door, preventing them
from gaining access at will. At this time too, she was likely to have still been
making financial contributions to the construction of the home. It may very well
be that an individual in the position of the claimant could have laboured under the
view that he or she would receive some sort of interest in the house itself.
However, the case must be looked at “in the round” and each case turns on its
own facts.
[84] The 2
nd
defendant admitted that there was a room which the claimant occupied
when she visited and that her son had been staying there for a while but that was
no longer the case. She stated the claimant’s son no longer lives on the property
but denied evicting him. She stated that he was very rude and abusive and on
one occasion he physically attacked her. She testified that the room was now
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