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A man who led a woman to believe that they were in a committed relationship lost out on half a share in her St Elizabeth home and motor vehicle after he cheated and fathered a baby during their nearly three-year relationship.
Leandy Clarke was, last month, ordered by the Supreme Court to transfer his 50 per cent share in both the property and the motor vehicle within three weeks after the court declared his former partner, Deena Keniston, the sole legal and beneficial owner of both assets.
Justice Kirk Anderson, in a written judgment, said that although equity under the constructive trust principle would ordinarily favour Clarke, the circumstances of the case prevented him from benefiting from that equity. Constructive trust is equitable remedy imposed by the courts to prevent unjust enrichment or unconscionable conduct.
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