Botswana (2007), High Court

Botswana (2007), High Court

Masusu v. Masusu
(CAHLB-000001-07) [2007] BWHC 149 (6 July 2007)

The appellant appealed a decision made by the Customary Court of Appeal, which granted the marital home to her husband. The High Court found that the Tswana law discriminated against women by automatically faulting the wife for filing a divorce. The Court ordered the home be sold and the profits given to the wife.

“There is, in this country a supreme law, namely the Constitution, and it grants all persons both equality before the law and equal protection of the law. The suggestion that a woman can be punished by being denied a portion of the matrimonial property just because she failed to tolerate her husband’s intolerable behaviour is totally unacceptable… Notions may well be part of Customary law… but all laws must tested against the Constitution and if found wanting, they must be struck down.” (Quoted form Original Judgment)

Antigua and Barbuda (2005), Court of Appeal

Antigua and Barbuda (2005), Court of Appeal

Lynn Anne Abbott v. Dane Norman Lawrence Abbott
Privy Council Appeal No. 142 of 2005

The proceedings were between a divorced husband and wife about the beneficial ownership of their former matrimonial home, its furniture, and some shares. The Court of Appeal found that there was reason to believe that the house belonged to the couple equally, despite the fact that the land was in the husband’s name, and ruled partially in the wife’s favour.

“It has been said more than once in the English courts that if a parent gives financial assistance to a newly married couple to acquire their matrimonial home, the usual inference is that it was intended as a gift to both of them rather than to one alone... It was supported by the behaviour of both parties throughout the marriage until it broke down... There should be a declaration that the husband holds the house in trust for them both in equal shares. There should also be an order that the house be sold and the proceeds divided equally.” (Quoted form Original Judgment)