Appeal Court dismisses woman’s appeal over former home

Chief Justice Ronnie Boodoosingh. -

THE Court of Appeal has dismissed a woman’s appeal and upheld a High Court ruling granting possession of a Champs Fleurs property to an investment company which purchased the property after her mortgage default.

Chief Justice Ronnie Boodoosingh and Justices of Appeal James Aboud and Geoffrey Henderson dismissed Olive Reyes-Clarke’s appeal against Southview Investments Ltd on December 4.

In the ruling, delivered by Boodoosingh, the court found that Reyes-Clarke had no realistic prospect of success in challenging Southview’s title and had unlawfully re-entered the property after its sale.

The chief justice ruled that the trial judge, Justice Margaret Mohammed, correctly determined that Southview became the lawful owner upon completion of its 2016 purchase from Scotiabank, and that Reyes-Clarke provided no evidence of any order granting her permission to re-enter or occupy the home.

Southview had relied on affidavits from company director Rambarran Sant, attorney Jean Louis Kelly, and neighbour, attorney Prakash Ramadhar, who each described multiple incidents beginning in January 2018 in which Reyes-Clarke allegedly forced her way back onto the premises, damaged locks, and refused to vacate despite police intervention. Sant said Southview never consented to her presence.

Reyes-Clarke claimed the bank mismanaged her mortgage, improperly demanded early payments, and conspired with her former attorney and Southview to deprive her of the property. She also alleged bias, misconduct, and fraud across prior proceedings and stated she believed a 2017 stay order preserved her right to possession. She further argued that the sale process was irregular. Reyes-Clarke represented herself at the appeal.

The Court of Appeal rejected her arguments. Boodoosingh said the allegations of fraud, dishonesty, and conspiracy were unsupported by evidence and could not displace Southview’s deed. He noted that disputes involving the bank were not relevant to Southview’s claim and that issues relating to earlier orders made by another High Court judge could not be revisited in this appeal.

“The judge (Mohammed) produced a well-reasoned, balanced judgment,” Boodoosingh said, adding that an adverse decision does not constitute judicial bias and that there was “absolutely no basis” for such a claim.

He concluded that Reyes-Clarke failed to show superior title or any legal authorisation to re-enter the property in 2018, and that a stay of proceedings did not grant possessory rights. The appeal was dismissed, and the order granting possession to Southview remains in force.

Southview had accused Reyes-Clarke of scaling a perimeter wall, damaging a door and locking herself in a bedroom, refusing to leave the house despite requests from the police and security.

Larry Lalla, SC, and Michael Rooplal represented Southview Investments.