The applicant sought a declaration that title to a property ("Thorah") be restored to her as a joint tenant, or alternatively, that the respondents were unjustly enriched due to her contributions.
The court determined that the property was held as tenants in common, not joint tenants, applying the presumption under the Conveyancing and Law of Property Act, as the conveying will did not explicitly state an intention for joint tenancy.
Consequently, the deceased's one-half interest fell into her estate.
The court dismissed the primary claim for joint tenancy restoration.
Regarding the unjust enrichment claim, the court ordered that carrying costs and a joint line of credit be apportioned between the applicant and the deceased's estate based on their respective contributions and usage, without requiring a formal reference.
Each party was ordered to bear their own costs due to the ambiguity in the original will.