Cunupia mother jailed for contempt of court

A Cunupia mother has been committed to prison for failing to comply with a court order. Lena Nandlal will spend 20 days in prison for contempt.

Justice Margaret Mohammed made the order on November 8. She described Nandlal’s conduct as “reprehensible.”

“It has been four years the defendant has not complied with her obligation under the order “

In making the committal order, the judge also said confiscating Nandlal's assets would be ineffective.

“In my opinion, the appropriate period to commit the defendant is 20 days' simple imprisonment, given her conduct in flouting the court’s order for four years.

“Further, it is equally important that this court must act firmly to ensure that orders of the court must be complied with, as this will ensure that the administration of justice is effective.”

Nandlal’s son Ryan and her mother-in-law, Kowsil, filed the contempt application after she failed to provide an account of her father-in-law’s estate, which included several properties kept in trust for his son Bhola.

The court’s order was made in 2020, and clarified in 2022.

Bhola and Lena were married and had five children. Ryan is the eldest.

The family lived at Warren Road, Cunupia, on property owned by Nandlal Ramroop – Kowsil’s husband, Ryan’s grandfather and Bhola’s father. Bhola died in 2000 without leaving a will.

In 2002, Ramroop told Ryan of a trust between himself and Bhola and a will was made sharing the properties, while bequeathing the Warren Road property, which Ramroop owned, to two of Bhola’s children.

In 2009, a second will was purportedly executed. This second will gave Lena a share in the Warren Road property and the others in Mayaro and Dyette Estate.

Lena maintained she was part-owner of her late husband’s business, so everything he owned was also hers.

In their application to set aside the second will, Ryan and his grandmother contended Lena unduly influenced Ramroop, who was 91; was exhibiting signs of Alzheimer’s; and would have put his thumbprint on documents without appreciating the significance of his actions.

They also contended that Bhola and Ramroop agreed to distribute the properties to the five children, who would all receive a share.

In her ruling in 2020, Mohammed said it was more “probable that Ramroop did not understand at the time he was executing the 2009 will.”

She also found there was “undue influence” by Lena.

Mohammed invalidated the 2009 will, revoked a grant of probate and set aside the deeds of assent for the Mayaro and Dyette Estate properties.

Lena was also ordered to provide an account of Ramroop’s estate. She did not.

In June 2023, Ryan and Kowsil filed the contempt application.

Mohammed said there was no doubt that disobeying a judgment or order would amount to contempt.

“It is settled law that a civil contempt is a criminal trial in all but name; the standard of proof is beyond that of a reasonable doubt; and that it is the only civil proceding that may result in a penalty of imprisonment, which is an exceptional power to be used as a last resort.

“In this society there is a heightened degree of lawlessness, and this court will not tolerate the wilful disregard of court orders.”

She said compliance with court otders was not optional, but mandatory.

In her defence, Lena Nandlal claimed the court’s order did not specify when she had to file the accounts and she was not in good health and was dependent on another son, Rishi, to help her get the information.

She said her two other children, Ricky and Reshma, also had to provide records of the work done on the Dyette Estate property, from which she received rental income from six apartments there. She also claimed the covid19 pandemic prevented her from getting certain information.

Mohammed said a court’s order takes effect immediately.

She also said Lena was not physically or mentally incapacitated, preventing her from complying with the order, and the covid19 restrictions ended a year before Ryan and Kowsil filed the contempt application.

“In my opinion, this explanation by the defendant for failing to provide a proper account is totally unsatisfactory.

“The defendant was fully aware, as executrix when the instant action was filed in 2018, that the validity of the will of the deceased was being challenged, and that if the grant of probate was revoked, one of the orders sought in the claim was for her to provide the account.”

She also dismissed Lena’s contention that she had to rely on her other children to get records.

“In my opinion, the defendant had no authority to allow her children to administer the estate of the deceased.

“In any event, after the order against her on October 9, 2020, she had no legal basis for taking any action with respect to the estate of the deceased.

“As such she had no legal basis after October 9, 2020 to continue to receive any income from the estate of the deceased in her own name or that of her children.”

She said Nandlal's conduct showed "she did nothing to comply with the order.”

Mohammed said in 2022, Lena was reminded she had to obey the orders immediately, but did not ask for any extensions.

It was only when served with the contempt application that she sought to provide an account, but the judge said this demonstrated “her deliberate flouting of the order.”

“The defendant has shown an absolute disregard for the court and the administration of justice.”

Ryan and Kowsil were represented by Brent Ali.