19 July

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Richardson v Ruiz

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....

19 July

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Gaspard v Ramsaroop

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in Family Law - Cohabitation

Citation: TT 2014 HC 284 Title: GASPARD v. RAMSAROOP Country: Trinidad and Tobago Court: High Court Suit No.: FH 504 of 2012 Judge(s): Ramkerrysingh, J. Date: July 25, 2014 Subject: Administration of estates Subsubject: Whether the applicant and deceased had a cohabitational relationship – Finding that applicant and deceased had a visiting relationship – Whether the Cohabitational Relationships Act and the Distribution of Estates Act made provision for the applicant – Statute intended to address inequality and injustice of cohabitants in an exclusive relationship – Deceased and his wife were living as man and wife at the time of death – Finding that applicant disentitled from claim on...

19 July

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Ramoutar v Maharaj

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in Family Law - Cohabitation

Citation: TT 2014 HC 388 Title: RAMOUTAR v. MAHARAJ Country: Trinidad and Tobago Court: High Court Suit No.: FH 1483 of 2008 Judge(s): Ramkerrysingh, J. Date: November 21, 2014 Subject: Administration of estates Subsubject: Cohabitation – Whether the applicant and the deceased lived together in a bona fide domestic basis and were in a cohabitaitonal relationship where the applicant had not presented evidence of their cohabitation – Whether the respondent and the deceased could prove that the parties were living together in the circumstances where the respondent had filed several divorce petitions during the lifetime of the deceased including one which alleged the parties had been living apart...

19 July

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Boodoo v Suraj

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in Family Law - Cohabitation

Citation: TT 2015 HC 54 Title: BOODOO v. SURAJ Country: Trinidad and Tobago Court: High Court Suit No.: FH01770 of 2012 Judge(s): Smart, J. Date: February 12, 2015 Subject: Family Law Subsubject: Co-habitational relationship – Division of property – Ownership – Whether petitioner was sole owner of property – Whether respondent made financial and/or non-financial contributions to the property. Appearances: Mis. Joan Byrne for the petitioner Mr. Reynold Waldropt for the respondent SMART, J. EXTEMPORE (ORAL JUDGMENT This application was heard on January 8 and February 4, 2015. The applicant, Herman Boodoo seeks the following relief by way of application filed on September 4, 2012; a) A declaration that he has lived...

19 July

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Brache v Aberdeen

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in Family Law - Cohabitation

Citation: TT 2015 HC 111 Title: BRACHE v. ABERDEEN Country: Trinidad and Tobago Court: High Court Suit No.: FH 2269 of 2011 Judge(s): Ramkerrysingh, J. Date: March 25, 2015 Subject: Family Law Subsubject: Whether the parties lived in a co-habitational relationship – Whether the disputed property was a co-habitational home for which a property adjustment order ought to be made – Whether the applicant’s contributions entitled her to a property adjustment order. Appearances: Ms Denise Gouveia (Instructed by Ms Tiffany Hercules) for the applicant Mrs Shelly Perryman-Jones for the respondent RAMKERRYSINGH, J.: 1. The applicant seeks a property adjustment order pursuant to the Cohabitational Relationships Act 1998, in relation to property situate...

19 July

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Wilson v Charles

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in Family Law - Cohabitation

Citation: TT 2015 HC 339 Title: WILSON v. CHARLES Country: Trinidad and Tobago Court: High Court Suit No.: CV 1391 of 2012 Judge(s): Dean-Armorer, J. Date: November 16, 2015 Subject: Family Law Subsubject: Co-habitational relationship – Application for a declaration as to the entitlement of the claimant in the beneficial interest in the family home – Whether the common intention of the parties to have joint beneficial ownership changed in the course of the relationship. Appearances Mrs. Barbara Lodge Johnson, Attorney-at-law for the claimant. Mr. St. Clair O’Neil, Attorney-at-law for the defendant. DEAN-ARMORER, J. In these proceedings, the parties had shared a cohabitional relationship for seventeen (17) years. They acquired a...

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