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Sidey Rodriquez v Ebanks - Errata

FAM 0132/2007 · 2014-12-10

Constructive trust over matrimonial home; Beneficial interest without legal title; Transfer of property to third party to defeat spouses interest; Equitable remedies in family property disputes; Effect of notice and volunteer status on trust claims

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In the Grand Court of the Cayman Islands — Family Division
Cause No. FAM 0132/2007
Between
Sidey Rodriquez
- v -
Ebanks - Errata
Before
Smellie CJ
Judgment delivered 2014-12-10

[(I interject here to note that this account of an alleged break in occupation would ignore the marital arrangement acknowledged by Mr. Ebanks, that pursuant to which Mrs. Ebanks spent time in Costa Rica with their children.)]

...after the death of my mother the property was transferred to me by the administrators of the property. I had had primary care of my parents in the last days of their lives and I understand from the administrators that it was agreed by the other beneficiaries that in recognition of my efforts to care for our parents that the inherited property would be transferred to me. (Emphasis added) ...

I have no other information pertaining to any other circumstances in which the parties to this matter came to remain in the inherited property and their involvement and/or contributions to the purchase and development of the said inherited property." 129. As it subsequently came to light that the Intervener was herself one of "the administrators" referred to in paragraph 7 of her affidavit as having taken the decision that she should take the entire interest in the Property, her account seems ambivalent at best. This is a fair observation also in respect of what she states in paragraph 9, when seeking, as she did throughout the proceedings, to deny of her own knowledge, that Mrs. Ebanks made a substantial contribution.

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