The Cases
Here are the cases we have worked on.
February 2, 2023
PRIVY COUNCIL:
CHANDRA & INGRID SILOCHAN (Appellants)
v. RICKIE CEDENO (Respondent)
(Mr. Ronald Dowlath & Melissa Ramdial instructed Anand Beharrylal
KC at the Privy Council for the Silochans.)
ISSUES: - Summary proceedings of an offence under section 18(1) of the Town and Country Planning Act (Chapter 35:01); failing to comply with a planning enforcement notice;
Limitation of time in section 33 of the SCA for the making of the complaint; whether the offence of failing to comply with an enforcement notice under section 18(1) of the TCPA
creates two offences (an initial offence and a continuing offence), or a single offence which can take place continuously over a period of time.
August 15, 2022
PRIVY COUNCIL:
Mohan Jogie (Appellant)
v.
Angela Sealey (Respondent)
(Mr. Ronald Dowlath appeared as Advocate Attorney at Law at the Court of Appeal and instructed Anand Beharrylal KC Sian McGibbon and Melissa Ramdial at the Privy Council for Mohan Jogie.)
ISSUES:- Powers of an Executor and Administrator on the death of a deceased, Doctrine of RelationBack in respect of Acts of an Executor and an Administrator, Renewal Notice under the Land Tenants (Security of Tenure) Act 1981.
March 12, 2020
COURT OF APPEAL: MATRIMONIAL
Sharmeel Mohammed (Appellant)
v.
Kim Joan Mohammed (Respondent)
(Mr. Ronald Dowlath appeared as Advocate Attorney at Law with Melissa Ramdial as Instructing Attorney at Law for Sharmeel Mohammed.)
ISSUES:- Matrimonial , Property Adjustment Application made by wife of 28 years, Husband disposing of Assets, When should an Avoidance of Disposition Application be made.
November 24, 2016
High Court Action:
Jennifer Moraldo
v.
Anthony Sandiford
(Mr. Dowlath appeared as Advocate Attorney at Law with Melissa Ramdial as Instructing Attorney at Law for Anthony Sandiford.)
Issues of Ostensible Authority of Attorney at Law to act in absence of Client, Enforcement of Agreement made at Mediation Session, Setting Aside of Consent Order, Mediator giving evidence in Open Court.
March 24, 2016
HIGH COURT - FAMILY COURT:
Mary McPherson (Petitioner)
v.
Renison McPherson (Respondent)
(Mr. Ronald Dowlath appeared as Advocate Attorney at Law with Mr. Abdul Hafeez Ali as Instructing Attorney at Law for Mary McPherson.)
ISSUES:- Matrimonial, Property Adjustment Application made by Wife, Applicability of Pre-Nuptial Agreement, Evidence of Wife untested by Cross Examination, Admissions by Husband, Acceptance of terms of Agreement by Husband during existence of Marriage.
October 23, 2015
HIGH COURT-FAMILY COURT:
Reuben Kanhai (Petitioner)
v.
Glenda Kanhai (Respondent)
(Mr. Ronald Dowlath appeared as Advocate Attorney at Law for Reuben Kanhai.)
ISSUES:- Property Adjustment Order, Application by wife of 14 years, Claim for Sole entitlement to Matrimonial house, Ordered of 50/50 share.
September 30, 2022
PRIVY COUNCIL:
Emlyn Quashie (Appellant)
v.
Ayana Solomon (Respondent)
(Mr. Ronald Dowlath instructed Anthony Manwah at the Privy Council for Ayana Solomon.)
ISSUES: - Setting aside of a Deed; Powers of the Registrar of the Supreme Court to execute a Deed23 years after being empowered to do so by an Order of the Court; Proprietary and PromissoryEstoppel claims; Limitation Period and Constructive Trust.
February 10, 2021
HIGH COURT:
Beverly Nurse (Claimant)
v.
Cuthbert Fullerton & Dennis Baird (Defendnats)
(Mr. Ronald Dowlath appeared as Advocate Attorney at Law with Ramraj Sookhansingh as Instructing Attorney at Law for Fullerton and Baird)
ISSUES:- Bailiffs – Powers of Private Bailiffs under the Bailiffs Act Ch. 9:01 and the Landlord andTeneant Ordinance Ch. 27:16.
March 11, 2020
COURT OF APPEAL:
Rennie & Natalie Mohammed(Appellant)
v.
Raffoeun Ali (Respondent)
(Mr. Ronald Dowlath appeared as Advocate Attorney at Law at High Court and Instructing Attorney at Law at Court of Appeal for Rennie & Natalie Mohammed.)
ISSUES: - Pleadings, Undue Influence, Setting aside of Deed
October 20, 2017
COURT OF APPEAL:
Adella Hamid (Appellant)
v.
H. V. Holdings Ltd. (Respondent)
(Mr. Ronald Dowlath appeared as instructing Attorney at Law for H. V. Holdings Ltd.)
ISSUES:- Rent Restriction Act, Service of Notice to Quit prior to 1981, Land Tenant’s (Security of Tenure ) Act 1981, Statutory Tenant, Transmission of Statutory Tenancy.
November 24, 2016
High Court Action:
Ricardo Luke Fraser
v.
Attorney General of Trinidad & Tobago
(Mr. Dowlath appeared as Advocate Attorney at Law for Ricardo Luke Fraser - Claimant.)
Issues of Arrest, False Imprisonment, Arrest Without Warrant, Reasonable and Probable Cause, Arrest During Carnival Season, Wrongful Detention, Length of Detention Without Charge, Conditions of Detention, Damages awarded in the sum of $100,000.00.
November 5, 2015
HIGH COURT:
Kamal Arman
v.
H. V. Holdings Ltd.
(Mr. Ronald Dowlath appeared as Instructing Attorney at Law for H. V. Holdings Ltd.)
ISSUES:- Rent Restriction Act, Service of Notice to Quit prior to 1981, Land Tenant’s (Security of Tenure ) Act 1981, Statutory Tenant, Transmission of Statutory Tenancy.
November 7, 2006
Court of Appeal:
Sawmillers Co-operative Society Limited
v.
Director of Forestry &
Minister of Agriculture
(Mr. Ronald Dowlath appeared as Instructing Attorney at Law for the Interverner/ Responsidents.)
Issues of Judicial Review, Locus Standi, Power of Director of Forestry, Exercise of a Discretion, Refusal to enter Consent Order, Illegality, and Irrationality, Legitimate Expectation, Breach of Equality under the Constitution.