Canadian Export Flour Shipment Ltd v Edwards et Al

JurisdictionSt Lucia
CourtHigh Court (Saint Lucia)
JudgeManning, J.
Judgment Date06 June 1959
Neutral CitationLC 1959 HC 6
Docket NumberNo. 32 of 1958
Date06 June 1959

Supreme Court of the Windward and Leeward Islands.

Manning, J.

No. 32 of 1958

Canadian Export Flour Shipment Ltd.
and
Edwards et al
Appearances:

D. A. McNamara for plaintiffs

H. Giraudy for opposant

Family law - Husband and wife — Community property.

Facts: Judgment in a suit was pronounced against the defendant, and the plaintiff proceeded to execution in accordance with the decision of the court. The issue was whether the articles seized were owned by the wife of the plaintiff.

Held: The marriage was not one in community of property. Certain articles were the property of the wife. There was not sufficient evidence to prove that the wife owned the other articles.

Manning, J.
1

In the above suit judgement had been pronounced against the defendant Clifford Edwards, and the plaintiffs proceeded to execution in November 1958. A number of articles were seized by the bailiff at the defendant's residence. The defendant was present at the seizure but made no comment at the time. Owing to some arrangement made with the judgement creditor by the defendant, the seizure was abandoned.

2

Whatever arrangement had been made turned out to be nugatory and the same articles were again seized in March 1959. The defendant was again present. On this occasion, he said that the articles were not his, that they belonged to his wife.

3

Under Article 447 of the Civil Procedure Code the seizure has been contested by the defendant's wife, Louise Edwards, hereinafter referred to as the opposant. The marriage was not one in community of property, there were special covenants and stipulations. For the purpose of this opposition, paragraph 6 is the important one and reads as follows: “In order to establish what shall constitute the property of the consorts it is declared that the property of the future wife shall consist of her wearing apparel, jewels, trinkets and paraphernalia and of all property marked with her initials or name or otherwise bearing her mark as well as of all property which she can prove by vouchers or otherwise to be hers”. Paragraph 2 provides that the consorts shall hold and enjoy any property, which they may acquire during the marriage.

4

The marriage has not been a successful one and the parties have been living separately since November, 1958. Since the celebration of the marriage in 1946 the opposant stated that her husband had been unfaithful on many occasions and that there was a period when, owing to his absence and inability to support his wife and family, she herself had to expend money earned by her in employment as a clerk.

5

Among the articles...

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