Abdulla v Abdulla
| Jurisdiction | Trinidad & Tobago |
| Judge | Ramkerrysingh, J. |
| Judgment Date | 02 June 2011 |
| Neutral Citation | TT 2011 HC 173 |
| Docket Number | FH No. 660 of 2009 |
| Court | High Court (Trinidad and Tobago) |
| Date | 02 June 2011 |
High Court
Ramkerrysingh, J.
FH No. 660 of 2009
Ms. Suzette Bullen - for the petitioner
Ms. Annabelle Sooklal Instructed by Ms. Marcelle Ferdinand - for the respondent
Family Law - Matrimonial property division.
The parties met in December 1992 when W was hired to work in H's print shop, a small establishment called Niftee's, located in West Mall. They married two and one-half years later and moved in with W's parents in Valsayn. Two children were born to them, Stephanie, who was born in August 1999 followed by David two years later. As H's business grew so too did W's involvement in the same, at least according to her. She began to work from home transferring stickers onto tee shirts which she did “until the latter stages of [her] pregnancy with [their] first child …” H disputes this saying that W never worked from home and apart from her initial employment at Niftee's during the Christmas of 1992, she played no further role in the store, save and except during peak periods at Carnival time. After the birth of the second child she stopped working altogether and concentrated her efforts on child care and household duties.
H had already purchased a plot of land on Ascot Road in Westmoorings with the help of a mortgage from Scotiabank, but he said that W was anxious to live in Western Trinidad and pushed him to build their matrimonial home much sooner than he had hoped. W denies that she wanted to move, saying instead that she was quite happy living in her parents' townhouse and it was H who was driven to build the house at Ascot. The construction was funded by a consolidated mortgage from Scotiabank using the land as security and the parties moved into the home in 1997. This marked the beginning of a slate of financial woes for the family. The mortgage soon fell into arrears and Scotiabank threatened to foreclose. This, coupled with what H contended was W's spending on luxury items, soon sent the parties running to their respective family members for financial assistance. By far the biggest contributor was W's step-father Mr. Hadeed, who advised H to sell Ascot Road and use the money to pay off his debts. After months on the market, Mr. Hadeed intervened and purchased the property, but before doing so, he paid off H's debts both personal and business in the amount of $2.8M and purchased the former matrimonial home at 60 Western Circle Westmoorings, on trust for the Husband. Mr. Hadeed went further, buying Ascot Road from H and subsequently transferring Western Circle to H's sole name.
Although H took several loans for renovations and the purchase of furniture his evidence is that he was never able to please W with the high quality furniture and furnishings she desired and that she had become bitter and resentful of H. Her disenchantment of him gave way to infidelity. It is common ground that by 2002 H's business again experienced difficulties and once more he turned to Mr. Hadeed who advised that he downsize the business with a view to selling it off and starting afresh. Closure of the Niftee's outlets and eventually its head office took place over a period of about two years according to H and by 2003 he opened Printables, which H deposed, Mr. Hadeed “offered and assisted [him] greatly in funding the initial start-up capital” While Mr. Hadeed continues to provide for W and the children it would not surprise me that he has reduced or curtailed altogether his assistance to H, despite the phenomenal relationship they once shared. Certainly there is no mention of Mr. Hadeed in H's life since the separation.
The unique feature of this case is that the main capital assets which comprise (1) the former matrimonial home situate at 60 Western Circle Westmoorings which I shall hereafter call “Western Circle”, (2) the Husband's company Printables, and indeed virtually the family's entire lifestyle and business investments over the years have largely been provided by a third-party benefactor who, it is my finding, has throughout the marriage provided the financial security and stability for this family over and above either of the parties themselves. Mr. Hadeed's involvement can only be accredited to his relationship with W and in my view this is of great importance in this case and I shall refer to it throughout the judgment.
Mr. Hadeed is the owner and Managing Director of a well-established and lucrative insurance company in Trinidad. His generosity has continued past the breakdown of the marriage, although it is now only directed towards W and the children. There is no dispute that during the subsistence of the marriage Mr. Hadeed willingly and unhesitatingly came to the parties' financial rescue, offering not only monetary aid but corporate advice and guidance to H. The evidence also suggests that Mr. Hadeed and to a large extent W placed a great deal of trust in H, a prime example of which was the registration of Western Circle in H's sole name after purchasing it for the family. When W was cross-questioned about the financial dealings between H and her step-father she too admitted that during the course of the marriage she left all the business and investment decisions up to Mr. Hadeed and H, while she was left out of these transactions altogether. I formed the view that she bore no resentment or bitterness at her exclusion, but she simply did not wish or, did not feel the need to participate in these affairs leaving it entirely up to them to deliberate on financial matters and carry out their plans.
As far as H's business ventures were concerned there is no dispute that whatever success he enjoys now is due in large measure to Mr. Hadeed. Niftee's had enjoyed some measure of success and had expanded with retail outlets in other parts of the country but according to W, ended in financial ruin because of H's wasteful spending and poor business practices. She said that he was careless in the way he managed his affairs and spent money freely, knowing that he could always rely on Mr. Hadeed to take him out of a financial crisis. W said that H unashamedly approached her step-father whenever he found himself in a financial rut. Of course H denied all of this saying instead that he was a shrewd businessman and did everything in his power to keep Niftee's afloat, but in spite of his best efforts it eventually fell victim to his mounting financial worries, caused in large part by W's overspending and longing for a lavish lifestyle that could not be sustained by the business. In any event he said W was in no position to postulate on the reasons for Niftee's failure because she had very little involvement in the business. At trial the Wife accepted that she had no knowledge about the affairs of the business and really had nothing upon which to base her assumptions. It is not disputed however that during these trying times Mr. Hadeed was always there to save the day.
Since the separation Mr. Hadeed has continued to bestow upon W all her needs, to the extent that she and the children enjoy a very comfortable lifestyle, relatively higher than the one they were exposed to during the marriage. This is not to be taken as a criticism, but simply to record that with or without H's support there is every reason to believe W and the children will always be provided for by Mr. Hadeed. He has provided them with a home in a very respectable, residential suburb of Port of Spain, which is close to W's mother and also in close proximity to H who has had exclusive possession of Western Circle since the breakdown. Mr. Hadeed has also made a credit card available to W on which she has no restrictions and for which he is solely responsible for its repayment. According to W the only limits on the credit card are the one she puts on herself, but while she is appreciative of Mr. Hadeed's generosity she does not wish to take advantage of it and is careful not to abuse the facility. But at the same time she knows that whatever charges are made on the card would be freely and graciously met by Mr. Hadeed.
H indicated that Printables is profitable and that he earns about $25,000 to $30,000 per month out of which he enjoys a personal monthly benefit in the amount of $18,000 which he disburses in personal expenditure to the tune of $13,000 with $5,000 left over. Regrettably the only Financial Statements produced for Printables were prepared by H himself using the home accounting programme Quicken. This information could not be properly challenged and I think it would be perilous to weigh too heavily on it given its amateur origins. But H made it clear that he did not think that Printables could survive a mortgage or other loan facility. The overdraft the business once enjoyed has now been converted to a loan which is being repaid in monthly instalments of $3,400 (although there is some inconsistency as to this amount [Paragraph 30 below]). H also services the Scotiabank mortgage secured by his interest in Western Circle which in turn means that there is a further limit on his borrowing power. H fears that he would be financially crippled if he is forced to take another loan to raise a lump sum. He submits that the sale of Western Circle would result in him losing a home not only for himself but for the children who spend considerable periods of time with him. Although he accepts that he may be able to find himself alternative housing with his share of proceeds of sale if Western Circle were sold, he fears that he would only be able to afford a home of comparatively inferior quality and the children's legacy would have been significantly diminished. Then resultantly, W would be accommodated in superb style while he languishes in housing unsuitable to his needs and lifestyle and those of the children.
W on the other hand has had little work...
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