19 July

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Rahim, Razia Re

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....

19 July

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Pancham v Cayenne

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in Family Law - Cohabitation

Citation: TT 2013 HC 245 Title: PANCHAM v. CAYENNE Country: Trinidad and Tobago Court: High Court Suit No.: FH2249 of 2010 Judge(s): Mohammed, J. Date: November 20, 2013 Subject: Family Law Subsubject: Co-habitational Relationship – Property settlement order – Whether the applicant was entitled to an interest in either of the properties – Whether the applicant was entitled to a lump sum payment – Whether the applicant was entitled to further relief – Finding that applicant made a significant financial contribution to the properties – Applicant awarded interest in both properties – Applicant entitled to lump sum payment representing her interest in properties – Co-habitational Relationships Act, Chap...

19 July

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Oliver v DeFreitas

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in Family Law - Cohabitation

Citation: TT 2013 HC 255 Title: OLIVER v. DE FREITAS Country: Trinidad and Tobago Court: High Court Suit No.: FH 1505 of 2010 Judge(s): Mohammed, J. Date: December 5, 2013 Subject: Family Law Subsubject: Co-habitational relationships – Property adjustment order – Respondent suffers from mild cognitive disorder – Whether the agreement was in fact a co-habitational agreement in accordance with Part IV of the Act – Whether the applicant made any direct or indirect financial contributions to the improvement of the properties in question – Whether the applicant made any contributions in capacity of homemaker or other contribution to the welfare of the family – Whether the applicant...

19 July

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Richardson v Ruiz

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in Family Law - Cohabitation

Citation: TT 2014 CA 55 Title: RICHARDSON v. RUIZ Country: Trinidad and Tobago Court: Court of Appeal Suit No.: FPH No. 0011 of 2014 Judge(s): Jamadar, J.A.; Rajnauth-Lee, J.A.; Mohammed, J.A Date: December 15, 2014 Subject: Statute Subsubject: Interpretation – Family Law – Undue hardship – Delay in application - Leave to proceed - Cohabitational Relationships Act - Appeal allowed. Appearances: Mrs. L. Seebaran Suite for the appellant. Ms. D. Govia and Ms. C. Huggins for the respondent. JAMADAR, J.: This appeal concerns the interpretation and application of section 8 of the Cohabitational Relationships Act, Chapter 45:55 of the Laws of Trinidad and Tobago (the Act). Act No. 30 of 1998;...

19 July

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Rampersad v Saunders

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in Family Law - Cohabitation

Citation: TT 2014 HC 16 Title: RAMPERSAD v. SAUNDERS Country: Trinidad and Tobago Court: High Court Suit No.: 1538 of 2006 Judge(s): Ramkerrysingh, J. Date: 2014 (Undated) Subject: Family Law Subsubject: Cohabitation – Property Division – Whether the parties were in a co-habitational relationship and a bona fide domestic basis – Property Settlement – Whether the applicant was entitled to a lump sum to represent the share and interest in the property where the applicant could not be construed as a cohabitant – Application dismissed. Appearances: Mrs. Lynette Seebaran-Suite for the applicant Mr. Peter Wharton for the respondent RAMKERRYSINGH, J.: The applicant and the respondent both claimed to have acquired the property...

19 July

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Alfred v Osborne

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in Family Law - Cohabitation

Citation: TT 2014 HC 30 Title: ALFRED v. OSBORNE Country: Trinidad and Tobago Court: High Court Suit No.: FH 175 of 2011 Judge(s): Mohammed, J. Date: January 15, 2014 Subject: Family Law Subsubject: Co-habitation – Maintenance and property adjustment – Whether a co-habitational relationship existed between the parties as defined by section 2 of the Co-habitational Relationships Act, Chap. 45:55 – Contributions to the home – Whether the applicant was entitled to a share and interest in the property – Maintenance – Whether the applicant should be entitled to maintenance. Appearances: Mr. Darril J. Giles for the applicant Mr. Romel Osborne (respondent) representing himself MOHAMMED, J.: The applicant in this matter...

19 July

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James v Assoon

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in Family Law - Cohabitation

Citation: TT 2014 HC 134 Title: JAMES v. ASSOON Country: Trinidad and Tobago Court: High Court Suit No.: FH 366 of 2010 Judge(s): Mohammed, J. Date: March 21, 2014 Subject: Family law Subsubject: Co-habitational relationship – Application for financial relief – Adjustment Order – Whether the applicant was entitled to an adjustment order in relation to the portion of the property to which respondent had an interest – Co-habitational Relationships Act, section 10(1) – Rent free accommodation. Appearances: Mr. Patrick Godson-Phillips for the applicant. Ms. Melanie Abdulah-Devenish for the respondent. MOHAMMED, J.: INTRODUCTION The applicant and respondent were involved in a cohabitational relationship for a significant number of years, the exact number being...

19 July

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Antonie v Patrick Et Al

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in Family Law - Cohabitation

Citation: TT 2014 HC 167 Title: ANTOINE v. PATRICK ET AL Country: Trinidad and Tobago Court: High Court Suit No.: FH 2537 of 2011 Judge(s): Ramkerrysingh, J. Date: April 11, 2014 Subject: Probate practice and procedure Subsubject: Cohabitation – Whether applicant and deceased were in a co-habitational relationship – Whether applicant and deceased were in a bona fide domestic basis as viewed in Delzine v. Stowe HCA 3007/2001 and sections 4 (2) and 4 (3) of the Property (Relationships Act) 1984 NSW – Whether applicant was entitled to a share in the estate of the deceased – Visiting intimate relationship – Claim failed. Appearances: Mr. Brian Camejo for the applicant. Mr....

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