JCPC/2024/0054

Lutchmienarine Ragoonanan and 8 others (Respondents) v Vashti Ramlal and 2 others (Appellants) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0054

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Vashti Ramlal

Omar Ramlal

Ravi Omar

Respondent(s)

Lutchmienarine Ragoonanan

Prema Wheatley

Vindra Richter

Bissoondath Raghoonanan

Angie Jubb

Krishna Ragoonanan

Suresh Raghunanan

Kokela Suzie Taylor

Hayman Raghoonanan

Issue

Did the Court of Appeal err in overturning the High Court’s findings of fact in relation to the rights of the Appellants to various parts of the deceased’s estate?

Facts

This dispute revolves around whether a deceased’s will, promising ‘lands on the hill’ to his wife for life, with remainder to his children jointly; was partly overridden by an alleged promise to the First Appellant that they, their husband and their children were granted the former garden house, which was subsequently demolished and turned into a concrete dwelling. On 14 November 2016, the Respondents commenced proceedings against the Appellants for trespass to land. On 21 May 2018, the High Court found in favour of the Appellants, on the basis that there clear evidence that the Respondents were aware of, and had seemingly acquiesced, to the deceased’s granting of the garden house to the Appellants. On 23 June 2023, a majority of the Court of Appeal reversed this finding, finding that there was no promise to the First Appellant, nor was there any other equitable basis on which they could claim an interest in the land. The Appellant now appeals to the Judicial Committee of the Privy Council with special leave from the Court of Appeal.