National Provincial Bank v Ainsworth Lord Hodson

National Provincial Bank v Ainsworth Lord Hodson

1. Issue

   • Whether wife entitled to overriding interest under LRA 1925 S70(1)(G)

2. Obiter Dicta

   • Matrimonial relation on real property rights
     • No proprietary rights by virtue of being wife
   • Licence?
     • does not need licence from husband to be where she has a right to be as a wife
   • Uncertain if wife's right was affecting land
     • duration of right would be discretionary
       • No principle to guide the courts in exercise of discretion
   • Equity
     • may not be past the age of child bearing but an infant of the kind suggested would lack form or shape.

3. Reasoning

   • No reason why the wife's personal right against husband arising from marriage should enter field of real property
   • husband in deserting wife did not confer right tot property
   • Not an overriding interest
     • Adopted Russell L.J.
       • S70 deals with rights in reference to land
         • which have the quality of being capable of enduring through different ownerships of land, according to normal conceptions of title to real property
   • However the wife is in actual occupation of the land