This case involves a property dispute between Curline Johnson (the Claimant) and Errol Daniel Johnson (the Defendant), who were once married and lived together in a house they built on land that belonged to the Defendant’s family. After their separation in 2010, Curline Johnson sought a 50% interest in the house under the Partition Act.
However, the judge, Georgiana Fraser, ruled that the Property (Rights of Spouses) Act (PROSA) was the appropriate law to apply, not the Partition Act. The court found that the claim under PROSA was filed three years after the separation, outside the 12-month period allowed by the Act, and the Claimant did not apply for an extension of this period. As a result, the judge dismissed the claim on the basis that it was time-barred and improperly brought under the Partition Act instead of PROSA. The judge emphasized that the Claimant needed to comply with PROSA’s requirements, but since she failed to do so, the court could not grant her the relief she sought.
Source: Supreme Court of Jamaica
Here is a court case about property maintenance and dispute in Jamaica West Indies