RESULTING TRUST: Whether the Court can only imply or presume resulting trust based on facts; how such presumption can be rebutted- VINCENT ORJIAKOR & ANOR v. MRS. COMFORT MBACHU & ANOR(2019) LPELR-47713(CA)
"The Court would only imply or presume resulting trust based on facts but not in vacuous or speculation. The presumption, where there appears to be some facts, is rebuttable by evidence of the proof of actual intention of the purchaser or the consistency of documents before the Court as demonstrated by the Supreme Court in MADU V MADU (Supra). It is only where there is no evidence that contradicts such presumption, that the presumption of resulting trust will prevail. See the case of UGHUTEVBE V SHONOWO (2004) 6-7SC P. 1." VINCENT ORJIAKOR & ANOR v. MRS. COMFORT MBACHU & ANOR(2019) LPELR-47713(CA)Per UMAR, J.C.A. (Pp. 53-54, Paras. F-B)
FACTS:
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