Domenic Saverino

The plaintiff brought a civil action seeking her share of proceeds from the sale of a house purchased during a relationship with the defendant.

Although title to the property was registered in the name of a third party who agreed to hold it for them due to financing constraints, the evidence established that the parties jointly funded the purchase and mortgage payments.

The court found that the parties operated in a shared economic partnership and each held a 50% beneficial interest in the property.

The defendant received the sale proceeds but failed to prove deductions he claimed for renovation costs, credit card debts, and alleged expenditures on a property in Ghana.

Judgment was granted for half of the proven net proceeds.

The appellant appealed a Deputy Judge's decision granting default judgment to the plaintiff.

The Divisional Court found that the Deputy Judge misapplied the law by refusing to hear the defendant, who was present and ready to proceed despite lacking an interpreter, and by harshly denying a brief adjournment requested by counsel to allow witnesses to arrive.

The appeal was allowed, the default judgment was set aside, and the appellant was granted leave to file a Defence and Counterclaim.