19 July

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Kipps v Lord

Citation: TT 2009 HC 4 Title: KIPPS v. LORD Country: Trinidad and Tobago Court: High Court Suit No.: FH 547 of 2008 Judge(s): Gibson, J. Date: (undated) 2009 Subject: Family law Subsubject: Cohabitation – Property Adjustment – s.10 Cohabitational Relationships Act – Promise to marry – Both names on deed – Downpayment for property provided by mother of respondent and mortgage payments paid by respondent until default when paid for by respondent – Court awarded 45% interest to respondent. Appearances:- Mrs. Hayma Ramdhanie Seemungal for the applicant. Mr. Brian Busby for the respondent. GIBSON, J.: The applicant by Notice of Application for Financial Relief dated 27th March 2008 has applied for an...

19 July

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Chaitram v Dookie

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in Family Law - Cohabitation

Citation: TT 2009 HC 55 Title: CHAITRAM v. DOOKIE Country: Trinidad and Tobago Court: High Court Suit No.: FH 436 of 2007 Judge(s): Ramkerrysingh, J. Date: March 26, 2009 Subject: Family law Subsubject: Cohabitational relationship – Administration of Estates – Whether applicant satisfying conditions enabling her to benefit from deceased's estate – Distribution of Estates Act, 2000 s. 3 – Prerequisites for entitlement – Applicant not satisfying prerequisites – Application dismissed. Appearances: Mr. Kweku Wilson for the applicant. Ms. Ramesh Deena for the Interested Parties. Introduction and Summary Ramkerrysingh, J.: The Distribution of Estates Act, 2000 ("the Act") gives clear guidelines on the prerequisites that an applicant must meet in order to establish...

19 July

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Triea v Triea

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in Family Law - Cohabitation

Citation: TT 2010 HC 35 Title: TRIEA v. TRIEA Country: Trinidad and Tobago Court: High Court Suit No.: FH No. 1265 of 2007 Judge(s): Ramkerrysingh, J. Date: February 1, 2010 Subject: Family law Subsubject: Matrimonial property division – Fairness principle – Petitioner leaving matrimonial property when in an unfinished state – Respondent improving building by 90% of its current value – Whether good reason to depart from equality within sharing principles – MPPA, D.27 – Factors to consider in determining division of assets – Petitioner entitled to ⅓ share and respondent to ⅔ - Order that lump sum to be paid to petitioner or alternative monthly periodic payments. Appearances: Ms....

19 July

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Narine v Chune Et Al

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in Family Law - Cohabitation

Citation: TT 2012 CA 19 Title: NARINE v. CHUNE ET AL Country: Trinidad and Tobago Court: Court of Appeal Suit No.: Family Appeal 11 of 2009 Judge(s): Jamadar, J.A.; Bereaux, J.A.; Smith, J.A. Date: October 17, 2012 Subject: Family Law Subsubject: Cohabitation relationship – Right of cohabitant to inherit property on intestacy. Appearances: Mr. M. Montrose for the appellant. Mr. R. Doodnath for the respondents. INTRODUCTION JAMADAR, J.A.: This appeal involves the narrow issue of the rights of a cohabitant to inherit property on intestacy. However, it also raises the broader issue of the legal status and recognition of cohabitants in Trinidad and Tobago. The appellant had lived with the deceased for...

19 July

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Sammy v Maharaj

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in Family Law - Cohabitation

Citation: TT 2011 HC 43 Title: SAMMY v. MAHARAJ Country: Trinidad and Tobago Court: High Court Suit No.: FH 1818 of 2009 Judge(s): Mohammed, J. Date: February 4, 2011 Subject: Family Law Subsubject: Cohabitational relationship – Property division – Child – Access. Appearances: Dr. Charles Seepersad for the applicant Mr. Marlon Moore for the respondent MOHAMMED, J.: INTRODUCTION AND APPLICATION The applicant and the respondent were involved in a co-habitational relationship for some 10 years, which according to the applicant's affidavit, came to an end in April 2007. They have one child together, Anika Maharaj, a daughter, who was born on the 2nd August, 1996. Anika is now fifteen (15) years of age...

19 July

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Clarke v Alexis

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in Family Law - Cohabitation

Citation: TT 2012 HC 239 Title: CLARKE v. ALEXIS Country: Trinidad and Tobago Court: High Court Suit No.: FH 1813 of 2011 Judge(s): Ramkerrysingh, J. Date: July 6, 2012 Subject: Family law Subsubject: Cohabitational relationship – Extension of time for making application. Appearances: Mr. Marlon Moore for the applicant. Mr. Howell for the respondent. Ramkerrysingh, J.: 1. The parties were involved in a relatively long cohabitational relationship, although the parties disagree as to its length and the time of separation. The relationship produced two children, Jonathan and Matthew who are still minors and now live with the applicant, who contends that the relationship lasted until December 2010. The respondent avers that it...

19 July

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Lutchman v Callender

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in Family Law - Cohabitation

Citation: TT 2012 HC 253 Title: LUTCHMAN v. CALLENDER Country: Trinidad and Tobago Court: High Court Suit No.: FH 1058 of 2009 Judge(s): Ramkerrysingh, J. Date: July 18, 2012 Subject: Family law Subsubject: Cohabitational relationship – Property division. Appearances: Ms. Leslie-Ann Lucky Samaroo (Instructed by Ms. Anjanie Ram) for the applicant. Mrs. Janice Clarence-Quamina (Instructed by Ms. Jozanne Quamina) for the respondent. Ramkerrysingh, J.: 1. Paula Lutchman (Ms. L) and Joseph Callender (Mr. C) lived together for 28 years if one believes Ms. L, or 17 years if the evidence of Mr. C is accepted. They have a son, Christopher, now an adult who lives with his father in the former family...

19 July

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Rahim, Razia Re

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in Family Law - Cohabitation

Citation: TT 2012 HC 393 Title: RAHIM, RAZIA Re: Country: Trinidad and Tobago Court: High Court Suit No.: FH 586 of 2011 Judge(s): Mohammed, J. Date: February 14, 2012 Subject: Statute Subsubject: Interpretation – Administration of Estates Act, Chap 9:01, s. 25 (3) – Whether ‘shall’ could be construed as directory or mandatory. Appearances: Ms. Safiya Charles - for the applicant Mr. Ken Winfield Wright - for the Interested Parties Ms. Whitney Charles for the Chief State Solicitor (Administrator General) INTRODUCTION AND APPLICATION MOHAMMED, J.: The applicant, Ms. Razia Rahim, claims to be the surviving cohabitant of the deceased, Mr. Neville Whiskey, who died on 27th day of October, 2005 at the Sangre...

19 July

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Sahadeo-Evans v Evans

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in Family Law - Cohabitation

Citation: TT 2013 HC 202 Title: SAHADEO-EVANS v. EVANS Country: Trinidad and Tobago Court: High Court Suit No.: FH 2255 of 2010 Judge(s): Ramkerrysingh, J. Date: June 26, 2013 Subject: Succession Subsubject: Administration of estates – Intestacy – Co-habitational relationships – Whether claimant was involved in a co-habitational relationship with the deceased for the requisite period – Whether the claimant was entitled to share a portion of the deceased’s estate – Whether the deceased held an interest or share in property situated in 25Ladoo Trace, Mc Bean Village, Couva. Appearances: Mr. Joseph Toney Instructed by Mr. Gray for the applicant Mr. Garnet Mungalsingh Instructed by Ms. Arnim Hasnain for the respondents ...

19 July

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Forde v Alexander

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in Family Law - Cohabitation

Citation: TT 2013 HC 205 Title: FORDE v. ALEXANDER Country: Trinidad and Tobago Court: High Court Suit No.: FH 184 of 2011 Judge(s): Ramkerrysingh, J. Date: July 8, 2013 Subject: Family Law Subsubject: Co-habitation – Duration and nature of relationship – Common residence – Ownership and/or use property – Financial support - Whether the applicant and the deceased were in a cohabiting relationship – Whether deceased and spouse were living separate and apart at time of death –Application dismissed – Administration of Estates Act, Sections 25(2) – Co-habitational Relationship Act, 1998 Section 2(1) – Distribution of Estates Act. Appearances: Ms. Reah Sookhai Instructed by Ms. Jacqueline Chang for the applicant Mr....

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