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