IMPLIED TRUST: Whether implied trusts are exempted from the formalities required for the creation and disposition of an express trust- VINCENT ORJIAKOR & ANOR v. MRS. COMFORT MBACHU & ANOR(2019) LPELR-47713(CA)
"It is correct, as submitted by the Appellants' counsel, that Implied Trusts are exempted from the formalities required for the creation and disposition of an express trust. This is simply due to the fact that such trusts are implied from the conduct of the parties without the concerted actions of the settlor to constitute an express trust. Consequently, there are no formal requirements for its creation. See the case of JOLUGBO & ANOR V AINA (2016) LPELR- 40352 (CA). This does not however dispense with the burden on the Appellants to prove the material facts upon which the Court would presume the existence of trust in the circumstance of this case." VINCENT ORJIAKOR & ANOR v. MRS. COMFORT MBACHU & ANOR(2019) LPELR-47713(CA) Per UMAR, J.C.A. (Pp. 55-56, Paras. D-A)
FACTS:
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.
Latest from Okoye Chukwudi J
- NBA ABUJA YLF FORMER SOCIAL SECRETARY DEFENDS NBA FOR THE PERFORMANCE OF PORTABLE ZAZOO CRONY SAYS NBA DOES NOT DISCRIMINATE.
- HON. JUSTICE CHIMA CENTUS NWEZE: HOW THE SOCIETY KILLS ITS BEST
- BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proof required to prove an allegation of corrupt practices in an election
- INTERFERENCE WITH EVALUATION OF EVIDENCE - Duty of trial judge to evaluate evidence; instances where an appellate Court will not interfere
- EVALUATION OF EVIDENCE - Whether evaluation of evidence and ascription of probative value is a primary function of the trial Court; principles that guide the court in the evaluation of evidence
Leave a comment
Make sure you enter all the required information, indicated by an asterisk (*). HTML code is not allowed.