Mohammed and Partners
Mohammed and Partners
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Background

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Abdel Q. Mohammed - Partner

  

AREAS OF PRACTICE: 


A legal practitioner in the fields of Civil Litigation, Judicial Review and Conveyancing with experience in the following areas of practice:

· Civil Procedure and Practice

· Debt Recoveries and Enforcement Proceedings;

· Personal Injury & Medical Negligence

· Freedom of Information Law

· Property Law and Conveyancing;

· Contract Law and Insurance Law;

· Human Rights and Constitutional Law

· Employment Law;

· Construction Law & FIDIC Contracts & Dispute Resolution;


Experience as an Advocate (Counsel) as well as an Instructing Attorney-at-law in Civil Law Matters Constitutional Law, Property Law with key interests in legal drafting, conveyancing, legal research, legal opinions and client care. I provide legal advice and opinions on FIDIC construction contracts (Green Book, Red Book and Yellow Book), Freedom of Information applications and other commercial disputes. 


NOTABLE COURT APPEARANCES:


  • Robert Daisley -v- Yara Trinidad Limited 

 Appeared as Junior Counsel for Mr Daisley, who was awarded over $1,000,000.00 for his personal injuries due to prolonged occupational exposure to carcinogenic formaldehyde.

  • Ricardo Youk See anors -v- The Attorney General of  Trinidad and Tobago 

Appeared as Counsel for three Claimants who were awarded over $600,000.00 for damages for 

assault and battery, which were inflicted with taser guns and false imprisonment by the police officers

  • Vishnu Ramdath v The Mayor Aldermen and citizens of the City of San Fernando.

Appeared as Junior Counsel in a Decision by the Court of Appeal establishing that police officers employed by the City Corporations are not subject to the provisions of the State Liability and Proceedings Act for the purposes of vicarious liability.

  • Curtis Ramjitsingh v The Estate Management and Business Development Company Limited (EMBD).

Appeared as Counsel in Judicial Review Proceedings against the EMBD, successfully challenging the EMBD’s refusal to grant the Claimant access to tender documents, contracts awarded and payment certificates which were requested under the Freedom of Information Act. 

  • Cindy Rackal –v- The Adoption Board of Trinidad and Tobago

Appeared as Instructing Attorney-at-law in Judicial Review Proceedings against the decision of the Adoption Board for failing to place “Baby X” with the Applicant who was on the list of Fit and Prospective Parents.

  • Sanathan Dharma Maha Sabha v The Attorney General of  Trinidad and Tobago

Appeared as Junior Counsel in an Appeal against the assessment of damages for the failure of the government and the Cabinet of Trinidad and Tobago to award the Applicant a radio license and for breach of the Applicants right to equality of treatment.

  • Ashford Sankar –v- Public Service Commission

Appeared in the Decision by the Court of Appeal establishing that the minutes of meetings at the Public Service Commission pertaining to the issue of appointment or promotion to the office of Deputy Permanent Secretary or Permanent Secretary were not exempt documents under the Freedom of Information Act 

  • Levelle Long –v- Police Service Commission

Appeared as Junior Counsel in Judicial Review proceedings in the Court of Appeal against the Police Service Commission’s decision to retire a Police Officer from the Trinidad and Tobago Police Service in the public interest.

  • Ann-Marie Charles –v- The Attorney General of Trinidad and Tobago 

Appeared as Co-Counsel in an Assessment of Damages in a personal injury matter for the Claimant involving a Physical Education Teacher who was awarded the sum of $977,815.58 in damages.

  • Gerald Rodney Rampersad –v- The Attorney General of Trinidad and Tobago

Appeared as Trial Advocate for the Claimant in a claim for malicious prosecution, where the Claimant was awarded the sum of $177,000.00 in damages for fabrication of a charge of drug trafficking. 

  • K.J.S. Enterprises Company Limited –v- Construtora OAS S.A.

Appeared as Counsel for the Claimant in a (FIDIC) Construction Claim in the successful recovery of outstanding unpaid interim payment certificates valued at $6 million Trinidad and Tobago dollars due and owing to K.J.S. Enterprises Limited. 


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Shabaana Mohammed - Partner

Areas of Practice

  

 Family Law

 Divorce & Custody

 Landlord and Tenant matters

 Contract Law

Employment law 

Personal Injury and Negligence

 Medical Negligence

Recent Cases

A 61-year-old man, who was left per­ma­nent­ly scarred af­ter doused with acid by his sis­ter-in-law, has fi­nal­ly re­ceived com­pen­sa­tion af­ter an al­most two-decade-long le­gal bat­tle.

On Jan­u­ary 31, High Court Mas­ter Martha Alexan­der or­dered more than $1 mil­lion com­pen­sa­tion for Raf­fick Mo­hammed, of Walk­er Street, Ca­roni, at the end of his pro­tract­ed pri­vate as­sault and bat­tery claim against Myra Bhag­wans­ingh.

In a tele­phone in­ter­view on Thurs­day, Mo­hammed said he was pleased with the out­come.

“Mon­ey can’t com­pen­sate for this but I can help a lit­tle,” he said.

How­ev­er, he stat­ed that he was dis­ap­point­ed by the slow pace of the jus­tice sys­tem.

“Jus­tice is like that in Trinidad. Imag­ine when this hap­pened, my son was one-year-old, now he has a one-year-old son him­self,” Mo­hammed said.

In as­sess­ing the com­pen­sa­tion, Alexan­der analysed the ex­ten­sive in­juries he sus­tained in 1991 and the dozen pro­ce­dures and op­er­a­tions he had to un­der­go to help re­pair the dam­age.

Alexan­der not­ed that Mo­hammed suf­fered acid burns to 16 per cent of his body in the at­tack. His face was left dis­fig­ured. Skin had to be har­vest­ed from his groin and thighs for skin grafts.

In ad­di­tion to the phys­i­cal in­juries, Mo­hammed al­so claimed to have suf­fered de­pres­sion.

“I be­came very de­pressed and frus­trat­ed with way I looked. I could not even look at my­self in the mir­ror for years af­ter the in­ci­dent. Some­times I felt like giv­ing up and com­mit­ting sui­cide,” he said in his wit­ness state­ment.

“I am al­ways wary of peo­ple look­ing at my scars and I would of­ten wear long sleeve shirts or turn my face in a way to make the case look less ap­par­ent,” he added.

Alexan­der ruled that he was en­ti­tled to CA$10,092.95 and TT$531,539.75 in spe­cial dam­ages to cov­er the costs of med­ical ex­pens­es since the in­ci­dent.

She al­so ruled Mo­hammed was en­ti­tled to $385,000 in gen­er­al and ag­gra­vat­ed dam­ages for the pain and suf­fer­ing he en­dured.

“His in­juries erod­ed his self-con­fi­dence, self-es­teem and con­fined him to his home, caus­ing him to feel as if he were in­side a jail cell,” Alexan­der said as she not­ed that he was forced to wear a pro­tec­tive mask for three years while re­cov­er­ing from surg­eries.

She al­so or­dered that he be paid $60,000 in dam­ages for be­ing hand­i­capped on the job mar­ket by the in­juries.

The to­tal com­pen­sa­tion is ex­pect­ed to be well over $ 1 mil­lion, as Alexan­der or­dered Bhag­wans­ingh to al­so pay 2.5 per cent in­ter­est on the gen­er­al dam­ages and 1.5 per cent in­ter­est on the spe­cial dam­ages from the date of the in­ci­dent.

About the case

Ac­cord­ing to the ev­i­dence, the law­suit stemmed from an in­ci­dent at Bhag­wans­ingh’s fab­ric store in Ch­agua­nas on Au­gust 29, 1991.

Bhag­wans­ingh, whose broth­er was mar­ried to Mo­hammed’s sis­ter, re­port­ed­ly in­vit­ed him in­side the store for a con­ver­sa­tion.

Mo­hammed claimed that Bhag­wans­ingh ac­cused him of re­port­ing her broth­er to of­fi­cials of the Cus­toms and Ex­cise Di­vi­sion be­fore she drew a glass jar from un­der the cash reg­is­ter and threw the con­tents un­to his face and neck.

“I felt the liq­uid pen­e­trat­ing through my skin and I im­me­di­ate­ly be­gan to feel sting­ing and burn­ing pains about my body,” Mo­hammed said in his wit­ness state­ment.

Mo­hammed at­tempt­ed to flee but Bhag­wans­ingh chased af­ter him and threw an­oth­er con­tain­er of the liq­uid on his back.

In Feb­ru­ary 1996, Bhag­wans­ingh was con­vict­ed of caus­ing griev­ous bod­i­ly harm to Mo­hammed and was sen­tenced to 12 years in prison and 10 strokes with the cat-o-nine tails.

She even­tu­al­ly won her ap­peal and faced a re­tri­al. She was again con­vict­ed and sen­tenced to 12 years in prison.

Mo­hammed filed his com­pen­sa­tion claim against Bhag­wans­ingh in 1995, but pro­ce­dur­al de­lays meant that it was on­ly de­ter­mined in his favour in 2015.

Mo­hammed was rep­re­sent­ed by Ab­del and Shabaana Mo­hammed, while Javier For­rester and Stacey Wait­he rep­re­sent­ed Bhag­wans­ingh.

https://www.guardian.co.tt/news/acid-bath-victim-gets-1m-award-6.2.775479.27e4fb8a07

Recent Cases

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Court orders OAS Construtora to pay $6 million to contractor

Court orders OAS Construtora to pay $6 million to contractor

Court orders OAS Construtora to pay $6 million to contractor

http://www.guardian.co.tt/news/court-orders-oas-construtora-pay-6-million-contractor-6.2.349635.99c28caa3c

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Court awards more than $425,000 for malicious prosecution

Court orders OAS Construtora to pay $6 million to contractor

Court orders OAS Construtora to pay $6 million to contractor

https://newsday.co.tt/2017/12/08/court-awards-more-than-425000-for-malicious-prosecution/

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$75,000 for coccyx bone injury

Court orders OAS Construtora to pay $6 million to contractor

$75,000 for coccyx bone injury

https://newsday.co.tt/2018/11/27/75000-for-coccyx-bone-injury/

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