De Zwarte Band and another (Appellants) v Kanhai and another (Respondents) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2017/0062

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

De Zwarte Band, Gebr Kraan Bandenservice BV

Respondent(s)

Glenda Kanhai

Reuben Kanhai

Issue

Whether a judgment debtor’s legal and beneficial interest is to be determined as at the date of registration of the judgment or whether it can be altered by a subsequent determination in matrimonial property proceedings.

Facts

The Appellants issued High Court proceedings in 2012 against the Second Respondent for debts arising from a breach of contract for the supply of goods and services. They received judgment in their favour, which they registered in 2013. The Second Respondent did not pay the judgment debt and the High Court made an order for the sale of one of his properties. This property was also the subject of matrimonial property proceedings between the Second Respondent and his wife, the First Respondent. The First Respondent applied for a stay of the order for sale until the determination of her appeal in the matrimonial property proceedings. The CA upheld that the stay pending the appeal in the matrimonial property proceedings between the husband and wife.

Date of issue

16 January 2017

Judgment details

Judgment date

23 December 2019

Neutral citation

[2019] UKPC 48

Judgment links

Appeal

Justices

Lord Wilson

Lady Black

Lord Briggs

Lady Arden

Sir Rupert Jackson

Hearing dates

Start date

25 November 2019

End date

25 November 2019

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