Case Number

CA 3071/91

Date Decided

7-7-1993

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: The appellant (the wife) and the first respondent (the husband) built a house on the property of the second respondent (the husband’s father) with his consent. The spouses later divorced. The wife sued the husband and his father, arguing against the husband that she was entitled to the value of half the rights in the house by virtue of the equitable rule of joint ownership between spouses, and against the husband’s father that he had unjustly enriched himself at her expense. The lower court found for the wife against the husband, but denied her claim against the father. The husband appealed the former ruling and the wife appealed the latter.

Held: The wife was entitled against the husband under the rule of joint ownership, and she was entitled against the husband’s father under the laws of unjust enrichment.

Appeal of the wife allowed; appeal of the husband denied.

Keywords

Property -- Fixtures, Torts -- Unjust enrichment

Included in

Torts Commons

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