Brathwaite v Moss Brathwaite

CourtCourt of Appeal
JudgeBlackman, J.A.
Judgment Date17 October 2013
Neutral CitationBS 2013 CA 156
Docket NumberSCCivApp & CAIS 234 of 2012
Date17 October 2013

Court of Appeal

Blackman, J.A.; John, J.A.; Conteh, J.A.

SCCivApp & CAIS 234 of 2012

Moss Brathwaite

Mr Raynard Rigby, with Ms Candice Ferguson, counsel for appellant

Ms Cheryl Bazard, counsel for respondent

Civil practice and procedure - Appeal — Division of property — Appeal dismissed.

Blackman, J.A.

Having heard the submissions, the court is of the view that the appeal should be dismissed, subject to these caveats.


The caveats are that the properties referred to at paragraphs 71 of the judgment, Mayfield Park and Coral Lakes, are to be appraised and half of the net value of those properties, subject to any mortgages there are, to be paid to the respondent.


Given the time that has elapsed, the order of the court is that those payments should be paid by 31st December, 2013.


The property, Sherwood Subdivision, we were just told were sold even before the disposition of the matter and we order that half of the net proceeds of sale be paid in that case, since the monies have already been realised and not subject to any valuation, by 31st October, 2013.


The court further orders that if the payments that are due are not paid on the due dates, interest shall run at 10 percent until payment.


The court does not accept the provisions made by the learned judge at paragraph 72 for the transfer of the shares in the companies listed at paragraph 72, and we set aside that order.


On 31st December, 2013 the Tropical Gardens property should be transferred and the respondent shall also release her interest in the Sandy Port property at the same time.


In all the circumstances of this appeal, however, we are of the view that each side should bear their own costs in this appeal.


Dated this 17th day of October, 2013

Blackman, J.A.

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