Sanahie’s Holding Limited (Appellant) v Andre Ramirez (appointed administrator ad litem of the estate of Evelyn Ayers) (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0046

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Sanahie's Holdings Limited

Respondent(s)

Andre Ramirez

Issue

(1) Does a finding of undue influence meet the definition of fraud in section 141 of the Real Property Act Chap. 56:02 and therefore provide grounds for setting aside the transfer of Mrs Eveyln Ayers’ house to Sanahie’s Holding Limited (“SHL”)? (2) Was the Court of Appeal wrong to uphold the High Court’s finding of fact that the transfer of Mrs Ayers’ house to SHL was obtained by undue influence? (3) Was the Court of Appeal wrong to hold that SHL did not have an appeal as of right under section 109(1)(a) of the Constitution?

Facts

Mrs Evelyn Ayers was the owner of a house in Beaulieu Avenue, Trincity (“the Property”). The appellant, SHL, is a company carrying on a real estate business. SHL was formed by Mr Chaitlal Ramsanahie and SHL’s Corporate Secretary is his daughter, Ms Karen Ramsanahie. The Ramsanahie family had a long-standing relationship with Mrs Ayers as Mr Ramsanahie and her husband were friends and business partners. On 24 January 2019, Mrs Ayers made a claim to set aside a Memorandum of Transfer dated September 2015 (“the Transfer”) under which SHL claim Mrs Ayers transferred the Property to SHL for the sum of TT$400,000. The Transfer was prepared by an attorney at law, Ted Ramsanahie, the son of Mr Chaitlal Ramsanahie. Mrs Ayers was 84 years old at the time of the Transfer and had lived in the Property since 1998. On 20 September 2019, Mrs Ayers died and the respondent was appointed as the administrator of her estate to continue her claim. At trial, the respondent’s case was that Mrs Ayers had not signed the Transfer or, alternatively, SHL exerted undue influence over Mrs Ayers as the Ramsanahies abused her trust to make her sign it. SHL denied this and argued the Transfer was made in exchange for the Ramsanahies settling a debt owed by Mrs Ayers to her nephew who lived in the Property for a time and paid off the mortgage on the Property. The High Court accepted the respondent’s alternative case and set aside the Transfer. The Court of Appeal dismissed SHL’s appeal and refused to grant leave to appeal as of right as there was no genuinely disputable issue. SHL now appeals to the Judicial Committee of the Privy Council.

Date of issue

2 June 2025

Case origin

PTA

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