Satyanand Maharaj and Dhaniram Maharaj v Edward Teesdale

• Jurisdiction: Trinidad & Tobago
• Court: High Court (Trinidad and Tobago)
• Judge: Mohammed, J.
• Judgment Date: 12 February 2026
• Neutral Citation: TT 2026 HC 73
• Year: 2026
• Docket Number: Suit No.: CV2022-03139

Satyanand Maharaj and Dhaniram Maharaj

and

Edward Teesdale

Mohammed, J.

Suit No.: CV2022-03139

High Court

Mr. Abdel Ashraph & Mr. Zeik Ashraph, instructed by Mr. Imran S. Khan for the Claimants.

Mr. Arron Levi Daniel Smith, instructed by Ms. Amelia Kamraj for the Defendant.

DECISION ON THE DEFENDANT'S NOTICE OF APPLICATION TO SET ASIDE

DEFAULT JUDGMENT

I. INTRODUCTION

Mohammed, J.

1 Before this Court for decision is the Defendant's Notice of Application filed 25 May 2023 pursuant to Rules 13.3(1), 26.1(d), 26.1(w), and 26.7 of the Civil Proceedings Rules 1998, as amended (‘CPR’) to set aside a Default Judgment entered against him due to his failure to file a Defence to this Claim in the prescribed time. Effectively, though, only CPR Rule 13.3(1) has been advanced by the parties in this application.

II. PROCEDURAL HISTORY

2 The Claimants initiated these proceedings by filing their Claim Form supported by Statement of Case on 19 August 2022. Upon receipt of service, the Defendant entered a Memorandum of Appearance on 5 September 2022. In his Appearance Form, the Defendant gave notice of his intention to defend but stated that his name was not correct as intituled in the Claim and Statement of Case.

3 By Amended Claim Form and Amended Statement of Case filed on 13 September 2023, the Claimants sought to correct the name of the Defendant in the intitulation of the originating documents by re-instituting proceedings against the Defendant seeking the following reliefs:

• 1 A Declaration that the Claimants are the registered proprietors of and entitled to the possession, use, occupation and enjoyment of the lands described in paragraph 2 hereinafter and in Certificate of Title registered in Volume 1302 Folio 243.

• 2 Damages for Trespass to the following two parcels of land forming part of that larger piece or parcel of land comprising Four Acres Three Roods and Thirty Seven Perches be the same more or less described in the Crown Grant in Volume 86 Folio 479 and bounded on the North by lands petitioned for by George Blackwill and by Crown land on the South and East by Crown land and on the West by lands petitioned for by Catherine Hamilton and by Crown land and intersected by a Road Reserve fifty links wide described in the Certificate of Title registered in Volume 1302 Folio 242:

  • a. That piece or parcel of land comprising ten thousand square feet more or less (to be more accurately defined by survey) and bounded on the south by Saunders Trace (for a distance of approximately one hundred feet) and bounded on the North by lands now or previously petitioned for my George Blackwill and by Crown land on the East by other lands of the Claimants and on the West by lands occupied by the Defendant intersected by a river approximately ten feet wide (hereinafter and in all subsequent pleadings referred to as “the first parcel trespassed upon”)

  • b. That piece or parcel of land comprising two and one half acres more or less (to be more accurately defined by survey) and bounded on the North by Saunders Trace (for a distance of approximately two hundred feet) and bounded on the South by Crown lands on the East by other lands of the Claimants and on the West by lands of and/or occupied by Claire Singh-Kerr (hereinafter and in all subsequent pleadings referred to as “the second parcel trespassed upon”) which said two parcels of land are hereinafter and in all subsequent pleadings together referred to as “the lands trespassed upon”;

• 3 An Order that the Defendant, whether by himself, his servants and/or agents or howsoever otherwise, do within seven days of the making of an Order in that regard, remove any structure, chattel, thing and/or cultivation from the lands trespassed upon;

• 4 Save for the purposes of compliance with any order made pursuant to paragraph 3 hereof within the time prescribed therein, an injunction restraining the defendant, whether by himself, his servants and/or agents or howsoever otherwise from entering and/or remaining on the lands trespassed upon or in any way interfering with the Claimants' use enjoyment and occupation of the lands trespassed upon;

• 5 Damages against the Defendant for the destruction of valuable lumber trees, particulars of which are to be supplied;

• 6 Such further and/or other relief as may be just;

4 By Notice of Application filed on 27 January, 2023, the Claimants sought judgment in default of a defence against the Defendant for the reliefs sought in their Amended Claim Form filed on 13 September, 2023.

5 On 13 March 2023, the Claimants filed a Notice of Withdrawal to abandon the reliefs set out in paragraph 2(a) and (b) and paragraph 5 of their Amended Claim Form and Amended Statement of Case filed on 13 September 2023 for the purpose of being entitled to enter judgment in default under CPR Part 12.

6 On 13 March 2023, the Court granted the Orders sought on the Notice of Application filed on 27 January 2023, in the following terms:

“UPON this matter being heard via Virtual hearing.

AND UPON READING the Claim Form dated and filed on 19th August, 2022, the Statement of Case dated and filed on 19th August, 2022 together with exhibits thereto attached, the Amended Claim Form dated and filed on 13th September, 2022, the Amended Statement of Case dated and filed on 13th September, 2022 together with exhibits thereto attached, the Notice of Application dated and filed on 27th January, 2023, the Affidavit of Imran S. Khan in Support sworn to and filed on 27th January, 2023.

AND UPON HEARING Attorney at Law for the Claimants and Attorney at Law for the Defendant.

IT IS HEREBY ORDERED that:

• 1. The Claimants are the registered proprietors of and entitled to the possession, use, occupation and enjoyment of that piece or parcel of land comprising Four Acres Three Roods and Thirty-Seven Perches be the same more or less described in the Crown Grant in Volume 86 Folio 479 and bounded on the North by lands petitioned for by George Blackwill and by Crown land on the South and East by Crown land and on the West by lands petitioned for by Catherine Hamilton and by Crown land and intersected by a Road Reserved fifty links wide now described in Certificate of Title in Volume 1302 Folio 242 and exhibited as “A” to the Amended Statement of Case filed on the 13th September, 2022;

• 2. The Defendant, whether by himself, his servants and/or agents or howsoever otherwise do within seven days of the making of an Order in paragraph 2 above, remove any structure, chattel, thing and/or cultivation from the Claimants' lands;

• 3. Save for the purposes of compliance with any order made pursuant to paragraph 3 hereof within the time prescribed therein, an injunction restraining the Defendant whether by himself, his servants and/or agents or howsoever otherwise from entering and/or remaining on the lands trespassed upon or in any way interfering with the Claimants' use enjoyment and occupation of the Claimants' lands;

• 4. The Defendant do pay to the Claimants the assessed costs of this application in the sum of $7,000.00.

• 5. The Defendant do pay to the Claimants the prescribed costs of the matter in the sum of $6,300.00.”

7 On 15 May 2023, the Defendant filed a Notice of Change of Attorney.

8 On 25 May 2023, the Defendant filed a Notice of Application, accompanied by affidavit in support, to set aside default judgment and for an extension of time to file a Defence. The grounds of the Application are as follows:

• (a) the defendant has a realistic prospect of success in the claim;

• (b) the defendant acted as soon as reasonably practicable when he found out that judgment had been entered against him.

9 On 14 August 2023, the Claimants filed an Affidavit in Opposition to the Defendant's Notice of Application filed on 25 May 2023.

10 By Order of Court of 04 March 2024, directions were given for the parties to file and exchange written submissions with authorities with respect to the Defendant's Notice of Application filed on 25 May 2023, on or before Monday, 22 April 2024.

11 On 22 April 2024, the Defendant filed a Notice of Change of Attorneys.

12 On 22 April 2024, the parties filed a Consent Notice of Application pursuant to Part 27.9 (5) (b) of the CPR seeking an extension of time to file and exchange their respective submissions to Friday, 10 May 2024.

13 On 10 May 2024, the Claimants filed their submissions as directed.

14 However, the Defendant did not comply but instead, on 16 May 2024, filed a Notice of Application pursuant to Part 11.13 (a) of the CPR with the Claimant's consent, seeking an extension of time to file and exchange the respective submissions by Friday 20 May 2024.

15 The Defendant actually filed his submissions on 05 June 2024 relative...