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Case Histories

Martin George & Company > Case Histories (Page 16)

Alfred v Osborne

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...

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James v Assoon

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...

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Antonie v Patrick Et Al

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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Gaspard v Ramsaroop

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...

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Ramoutar v Maharaj

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...

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Boodoo v Suraj

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...

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Brache v Aberdeen

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...

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Wilson v Charles

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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James Action, Re

Citation:           TT 2016 HC 117 Title:                 JAMES ACTON, RE Country:           Trinidad and Tobago Court:               High Court Suit No.:           FH 01886 of 2014 Judge(s):          Lambert Peterson, J. Date:                February 4, 2016 Subject:           Family Law Subsubject:      Whether a co-habitational relationship existed between the applicant and the deceased.   Subject:           Administration of Estates Subsubject:      Share of the deceased’s estate to which the applicant was entitled.   Appearances: Mr. Marlon Moore, Ms. Krystal Alexander and Mrs. Aasma Al Rawi-Sinanan for the applicant Mr. Kweku Wilson for the Interested Parties   PETERSON, J. BACKGROUND: 1    Acton James (hereinafter referred to as the applicant') and Jennifer Ramdhan (hereinafter referred to as 'J.R.') shared a lengthy relationship of over thirty years. The applicant filed an application...

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Debydeen v Mack

Citation: TT 2016 HC 356 Title: DEBYDEEN v. MACK Country: Trinidad and Tobago Court: High Court Suit No: FH 01177-2012 Judge(s): Tam, J. Date: October 10, 2016 Subject: Family Law Subsubject: Union other than marriage – Cohabitational relationship – Property – Child – Custody – Access – Whether applicant entitled to sums representing contribution to the property – Whether interim orders for child support and access ought to be made final. Appearances: Mr. Marlon Moore for the applicant Ms. Angelique Olowe for the respondent TAM, J.: INTRODUCTION 1. Before the court are two applications filed by the applicant on the 13th June 2012, the combined effect of which amounts to a claim by her for...

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