Mapa mental
National Provincial Bank v Ainsworth Lord Hodson
Conteúdo do mapa
National Provincial Bank v Ainsworth Lord Hodson
Issue
- Whether wife entitled to overriding interest under LRA 1925 S70(1)(G)
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
- duration of right would be discretionary
- Equity
- may not be past the age of child bearing but an infant of the kind suggested would lack form or shape.
- Matrimonial relation on real property rights
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
- S70 deals with rights in reference to land
- Adopted Russell L.J.
- However the wife is in actual occupation of the land