Ramdeen (Claudette Ann-Marie) v Lloyd Augustus Ramdeen

JurisdictionJamaica
Judge JONES, J:
Judgment Date16 November 2005
Judgment citation (vLex)[2005] 11 JJC 1601
CourtSupreme Court (Jamaica)
Date16 November 2005

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

BETWEEN
CLAUDETTE ANN-MARIE RAMDEEN
CLAIMANT
AND
LLOYD AUGUSTUS RAMDEEN
DEFENDANT

MATRIMONIAL PROPERTY - Division of property

JONES, J
1

A happy marriage needs a bit of give and take. So it was, once, between Lloyd and Claudette Ramdeen. It seems that the increasing fragility of their marriage has jarred this harmony. Prior to their marriage, Lloyd Ramdeen bought property in their joint names, which strictly speaking he was not required to do; he also bought property in his own name. Claudette Ramdeen says that she contributed to some of the property purchased prior to the marriage. She also says that although she did not make a financial contribution to other items of property, there was a common intention that she would have a beneficial interest. None of this was explicit; did it need to be? There was no prenuptial agreement.

2

Lloyd Ramdeen feels betrayed, and says so. On his account, it came as a nasty shock when Claudette Ramdeen filed an action in this court pursuant to the Married Women's Property Act claiming:

  • a) A one half beneficial interest in the property at 4 Terry Close, Hope Pastures, Kingston 6 in the parish of Saint Andrew registered at Vol. 1041 Folio 662;

  • b) The amount of US$26,856.15, representing a half share of the monies held jointly by Claudette Ramdeen and Lloyd Ramdeen in account numbered RAM0000017 at JN Fund Managers as at December 20, 2002;

  • c) A 50% interest in the proceeds of a 1997 Honda Accord motor car licensed and registered 5523DD to Lloyd Ramdeen;

  • d) A 50% interest in the Proline 25 foot pleasure boat purchased in Key West, Florida;

  • e) The entire interest in the furniture, appliances and household effects at 4 Terry Close, Hope Pastures, Kingston 6 in the parish of St Andrew;

3

The facts briefly were that Claudette Ramdeen and Lloyd Ramdeen commenced a relationship in 1986 while they were both employees at C.I.B.C. Twin Gates Branch. During the course of the relationship and prior to getting married, they were joint owners of property at Lot #11,6 Waterloo Avenue, St. Andrew and property at 1214 NW 167 th Avenue, Pembroke Pines, FL 33028 in the United States. They also held joint accounts at C.I.B.C, Jamaica National Fund Managers and Jamaica National Building Society, in addition to one account in the United States.

4

In 1995, property at 4 Terry Close, Hope Pastures, Kingston 6 was purchased in the sole name of the Lloyd Ramdeen. Claudette Ramdeen contends that she was given the assurance that notwithstanding the absence of her name from the title, the property was hers as well, in keeping with the pattern of joint ownership engaged in by them before. (This was denied by Lloyd Ramdeen)

5

Claudette Ramdeen also says that having placed reliance on these assurances given by Lloyd Ramdeen, she sent cash sums to him in order to assist with the purchase of the property at 4 Terry Close, Hope Pastures. In addition, she says that she assisted with the furnishing and decoration of the property, and this was all done on the basis that she would share in that property. Lloyd Ramdeen denies that he received any money from Claudette Ramdeen for the purpose of investing in the purchase of the 4 Terry Close prop erty, but admits that she did send some furnishings and household effects for the purpose of furnishing the home.

6

Sometime in 2001, Lloyd Ramdeen purchased a 1997 Honda Accord motorcar which was registered in his name. Claudette Ramdeen says that it was purchased from joint funds, and that although the car was purchased in the name of Lloyd Ramdeen it was their intention that they both would own the car jointly. (This was denied by Lloyd Ramdeen)

7

In March 2002, Lloyd Ramdeen purchased a Proline 25 ft. pleasure boat named "Venture". Claudette Ramdeen also contends that the funds used to purchase the boat were joint funds. She says that Lloyd Ramdeen was in a position to purchase "Venture" as she had undertaken the responsibility for the expenses and costs of their joint property at Pembroke Pines, as well as by her maintaining their child in the United States. (This was denied by Lloyd Ramdeen).

8

Claudette Ramdeen also alleges that Lloyd Ramdeen had full use of the money in their joint accounts and all the other assets owned by them until the marriage started to break down in 2002. The final break in the marriage occurred when Lloyd Ramdeen excluded her from the property at 4 Terry Close, Hope Pastures, and later removed her name from the account RAM0000017 at Jamaica National Fund Managers.

9

It is common ground between the parties that:

  • a) The property at Lot 116 Waterloo Avenue was purchased in the joint names of the Lloyd and Claudette Ramdeen in 1989.

  • b) The property at 4, Terry Close, Hope Pastures, was purchased in the sole name of Lloyd Ramdeen in 1995.

  • c) They both had a son, born in September 1997.

  • d) Lloyd and Claudette Ramdeen jointly purchased property at 1214 NW 167 th Avenue Pembroke Pines, FL 33028 in the United States.

  • e) Lloyd and Claudette Ramdeen were married in October 2000.

  • f) They had joint accounts at Jamaica National Building Society, Jamaica National Fund Managers and C.I.B.C.

  • g) Sometime between 1994 and 1995, Claudette Ramdeen sent US$16,000.00 to Lloyd Ramdeen in Jamaica.

  • h) Claudette Ramdeen purchased household items for the home at 4 Terry Close, Hope Pastures, Kingston 6.

10

There are three issues for consideration:

The First Issue: Did Claudette Ramdeen make a direct contribution to the purchase of the properties claimed sufficient to give her a beneficial interest in them?

  • a) Firstly, as a question of fact, whether or not Claudette Ramdeen made any financial contribution towards the purchase of the house at 4 Terry Close together with the furniture, appliances and household effects therein; the Proline foot 25 pleasure boat; and the 1997 Honda Accord motor car, sufficient to give her a beneficial interest in them;

  • b) Secondly, if not, was there a constructive trust, i.e. a common intention between Lloyd and Claudette Ramdeen that she would acquire a beneficial interest in; the property at 4 Terry Close together with the furniture, appliances and household effects therein; the Proline 25 foot...

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