RIBEIRO vs. RIBEIRO (NO. 2

The marriage between Charles Ribeiro and Barbara Ribeiro was dissolved by uncontested divorce in January 1981. Subsequently, the wife applied for financial provision. During the pendency of this application, the husband transferred one of his ten houses (the Haulage House) to his second wife. The High Court set aside this transfer under section 26(1) of the Matrimonial Causes Act, 1971 (Act 367), awarded the wife a lump sum of ¢150,000, and ordered the Haulage House to be conveyed to her as part of financial provision under section 20(1) of Act 367. The husband appealed against the transfer of the house but abandoned the appeal against the lump sum award. The Court of Appeal and subsequently the Supreme Court (in a split decision) dismissed the appeal against the transfer of the house.

JUDGMENT OF ADADE J.S.C. As a result of an uncontested divorce proceedings in the High Court the marriage between Charles Ribeiro and Barbara Ribeiro was dissolved in January 1981. Thereafter the wife applied to the court for financial provision. Whilst the application was pending, the husband transferred one of his ten houses, called the Haulage House, to his second wife. The High Court set aside the disposition, purporting to exercise powers given by section 26 (1) of the Matrimonial Causes Act, 1971 (Act 367). The court awarded the wife a lump sum payment of ¢150,000 as financial provision, and in addition, ordered that the Haulage House be conveyed to her as part of the financial provision under section 20 (1) of Act 367. The husband appealed against these orders. In the Court of Appeal he abandoned the appeal against the award of the ¢150,000 but pressed the appeal against the transfer of the house. The Court of Appeal unanimously dismissed the appeal: see [1987-88] 2 GLR 460.....