Kathy Ann Edwards (Appellant) v Lawrence Jones (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0010

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Kathy Ann Joseph

Respondent(s)

Lawrence Jones

Issue

Is the Appellant or the Respondent the lawful tenant of a plot of land? Was there a valid transfer by Justina Joseph (the “Deceased”) of the tenancy rights to the land and a chattel house built upon it to the Respondent in 1990?

Facts

The Appellant and the Respondent both claim to be the tenant of a plot of land on which they both reside. The tenancy rights were previously held by the Deceased who passed away in 1996. The Deceased was the great aunt of the Appellant. The Respondent was the common law partner of the Appellant’s sister. The Respondent says that in 1990 the Deceased transferred the chattel house with the tenancy rights to him. The Appellant’s case is that the Respondent exerted undue influence over the Deceased to make her sign the transfer agreement or that the Deceased did not understand the nature of the agreement she was signing or that the Respondent forged the Deceased’s signature. The Appellant therefore claims that the transfer should be set aside for fraud and/or undue influence by the Respondent. The Appellant claims that the Deceased gifted the tenancy rights and chattel house to her in her Last Will and Testament. The Respondent successfully obtained a declaration from the High Court that he is the lawful tenant of the land. The High Court also issued an injunction to prevent the Appellant and her family members from further building on the land and to deliver up possession of the land. The Court of Appeal dismissed the appeal. The Appellant now seeks special leave to appeal to the Judicial Committee of the Privy Council.

Date of issue

6 February 2025

Case origin

PTA

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