SYKES v ABBEY

After a customary marriage in 1960, the spouses cohabited until 1987. Two years into the marriage, the wife gave £70 to her husband to buy a plot; he later claimed the Abeka land had been lost and, according to the wife, replaced it with one of his North Kaneshie plots while promising to process title and plans in her name. The wife financed and supervised the build, purchasing a septic tank, supplying cement for plastering, and arranging water and electricity in her name, while the husband asserted he alone funded the construction. The High Court (Lutterodt J) accepted her evidence, found a replacement plot had been given, and applied proprietary estoppel to compel conveyance. The Court of Appeal set aside these findings, criticized the lack of precise accounting, and dismissed equitable relief. On further appeal, the Supreme Court held that the trial judge’s findings were supported by the record, faulted the Court of Appeal for overturning them without reasons, affirmed equity’s role in spousal property arrangements, inferred a beneficial interest for the wife, and restored the orders concerning the joint businesses. The appeal was allowed.