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Case details

Enal (Respondent) v Singh and others (Appellants) (Trinidad & Tobago)

Case ID: JCPC 2019/0102

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

Whether the Court of Appeal was entitled to come to a different conclusion to the Trial Judge as to the beneficial ownership of land, in particular whether a resulting trust arose or the presumption of advancement applied, and, if so, whether it was correct to do so. Whether the Court of Appeal was further entitled to come to a different conclusion from the Trial Judge as to whether a relationship existed giving rise to a presumption of undue influence, and if so, whether it was correct to do so.

Facts

Ramnarine Maharaj ("Ramnarine") was a wealthy property owner who bought and sold properties in his own name and the names of his children. In 1964, Ramnarine was granted a power of attorney over the assets located in Trinidad and Tobago belonging to his son Ravidath Maharaj ("Ravi"). In 2006 Ramnarine used this power of attorney to execute a transfer of property at 6-8 High Street, San Fernando, Trinidad (the "Property" and the "Transfer") to certain other members of his family for $550,000.

Following the Transfer of the Property, the Respondent, Summatee Enal, who is the executrix of Ravi’s estate and his former partner, commenced proceedings seeking to have the Transfer declared void and/or set aside. At first instance, the trial judge found that the Transfer had been properly authorised and not procured by undue influence. On appeal, the Court of Appeal reversed those findings, allowing the appeal. The Appellants now appeal to the Judicial Committee of the Privy Council as of right.

Parties

Appellant(s)

Singh and others

Respondent(s)

Sumatee Enal

Appeal

Justices

Lord Briggs, Lord Kitchin, Lord Burrows, Lady Rose, Sir Nicholas Patten

Hearing start date

24 February 2022

Hearing finish date

24 February 2022