Supreme Court
Action No. 1 of 1982
28th July, 1982
Moe, CJ

Mr. Michael Young for the Plaintiffs
Mr. Denys Barrow for the Defendants

Contract to purchase a boat - Defendant seeking to avoid contract - Court believing evidence of 1st Plaintiff - 1st Plaintiff entitled to ½ share of boat.

J U D G M E N T

By this action the plaintiffs seek a declaration that either the first or second plaintiff is owner of a half share in the Vessel Graciela while the defendant owns the other half, an account of the earnings of the vessel from June 1978 and an order for payment of one-third of the earnings from that date.

The plaintiffs claim that on or about June 1978 the plaintiff Jeannette Longsworth and Charles Ewens entered into an agreement whereby (1) Charles Ewens would purchase in his own name a vessel then named the "Nigger Gal", each of them would expend certain sums on the vessel and they would own the boat in equal shares; (2) The earnings of the vessel would be divided in three parts, one to the plaintiff, one to Charles Ewens and one for the operations of the boat.

The defendant by challenge in cross-examination and in his testimony denies there was any agreement for ownership of the vessel between himself and Jeannette Longsworth. He claims he alone owns the vessel but that there was an agreement between himself and the second plaintiff William Longsworth that Mr. Longsworth would help the defendant Ewens financially to bring the vessel into operation, that the earnings of the vessel would be shared in three parts, one to himself, one to Mr. Longsworth and one to the vessel, and that Mr. Ewens would pay back to Mr. Longsworth at the time Harbour Master of Belize an amount representing $200.00 per day on any trip made by the boat in connection with contracts awarded Mr. Ewens by the Government.

There were certain matters not really disputed and on which it was easy to come to a finding. I found that Mr. Ewens purchased a vessel then named the "Nigger Gal", paid to have it floated, docked and repaired and installed an engine to replace the one it previously carried. I found that Mr. Ewens operated the boat and paid over part of the earnings from the operations to Mr. Longsworth who handed over those sums to Mrs. Longsworth. I further found that Mrs. Longsworth paid over to Mr. Ewens various sums of money.

The important issue for determination was whether the activity just outlined was in pursuance of an agreement as claimed by the by plaintiffs or an agreement as set up by Mr. Ewens. It was conceded that a determination depended heavily on whom the Court believed. Each of the three persons concerned was rigorously tested and the Court had no hesitation in accepting the evidence of Jeannette Longsworth. She gave her evidence unhesitatingly, clearly and businesslike. Her whole demeanour suggested she is a no-nonsense woman. Apart from his own demeanour when the defendant's account is put alongside this it doesn't ring true. Firstly the defendant's claim that Mr. Longsworth's financial help as part of their agreement would mean that that finance came from Mrs Longsworth, the evidence being that he got various sums by cheque drawn by Mr.s Longsworth on her account. Mr.s Longsworth didn't give the impression she would disburse her money in that fashion and Mr. Longsworth himself practically admitted in the witness stand that he couldn't get his hands on his wife's money as he liked. Secondly I have been unable to fit into his account why Mr. Longsworth being paid his share of the earnings in accordance with the agreement, pays over these sums to Mr.s Longsworth. Thirdly the defence appeared to have searched for a basis for Mr. Ewens receiving money from Mr. Longsworth and was not definite as to that basis. It was suggested to the plaintiffs that the money from Mr.s Longsworth was in the nature of a loan. Mr. Ewens evidence is that it was the help that Mr. Longsworth was to give as part of his consideration for a partnership in the earnings of the boat. Finally there were certain aspects relating to credit worthiness which plaintiff's counsel elicited and placed before the Court which I need not elaborate but which added to the considerations just outlined and caused me to reject the defendant's account.

I found that on a Sunday in the month of June 1978 the plaintiff Jeannette Longsworth and Charles Ewens agreed to go into a venture together whereby, (1) Mr. Ewens would purchase the vessel "Nigger Gal" for $2,500.00, expend about $1,000.00 to float and dock it. Mr.s Longsworth would then expend $3,000.00 for repairs to the boat and $1,000.00 towards repairs of the engine; (2) Mr. Ewens and Mrs. Longsworth would own the boat in equal shares; and (3) the earnings from the boat would be shared in three parts:- one to Mr. Ewens, one to Mrs. Longsworth and one to the operations of the boat which were to be done by Mr. Ewens and account therefor; (4) Mrs. Longsworth would be entitled to visit the boat whenever she wished and to have use of it whenever practical.

I accepted the evidence that Mr. Ewens bought the vessel on 30 June 1978 for $2,000.00, that he spent a total of $6,025.00 on repairs for the boat and $6,325.00 for an engine to replace the one previously in the vessel. I further found that Mrs. Longsworth paid to Mr. Ewens $7,200.00. According to this evidence the money paid by the parties up to a certain date i.e. 15th December 1978 for the purpose of the joint undertaking was disbursed unequally but in my view does not affect the agreement concluded on that Sunday in June 1978. There was a clear agreement between the first plaintiff and Mr. Ewens as to their respective shares in the boat although bought in Ewens' name. Upon the faith of the promise of a certain share in the boat, the plaintiff paid out her money. She has filled her part of the bargain and the defendant ought to fulfil his obligations thereunder. The boat is now named "Graciela" and went into operations from mid December 1978.

The plaintiff Jeannette Longsworth will have (1) a declaration that she owns a half share in the vessel "Graciela". (2) An order that she be paid a 1/3 share of the earnings of the vessel as from 15th December 1978 when the boat started operations. (3) An order for an account of the gross earnings of the vessel as from that date, 15th December, 1978. She is also to have her costs.