Akinola v Oyadare & Anor [2020] EWHC 2038 (Ch) (30 July 2020)

Akinola v Oyadare & Anor [2020] EWHC 2038 (Ch) (30 July 2020)

Claimant failed to establish a beneficial interest in the estate properties. The only direct contribution was £3,000 towards Blanche Street, which was purchased as a home for the deceased, not as part of a property business. No evidence of common intention or partnership at time of acquisition. Management services provided by claimant were compensated and do not give rise to beneficial interest. No binding agreement or proprietary estoppel established post-death. Estate properties remain solely in deceased's name.

Citation
[2020] EWHC 2038 (Ch)
Parties
Claimant: Mr Oladimeji Kehinde Akinola; First Defendant: Mr Akinfenwa Oyadare; Second Defendant: Ms Jumoke Abosede Adepoju
Jurisdiction
England and Wales
Judgment Date
30 July 2020
Procedural Posture
Chancery Probate/property Trusts / Judgment on Preliminary Issues
Outcome
Claimant's claims for beneficial interest and alternative claims dismissed.
Legal Topics
Beneficial Interest, Constructive Trust, Resulting Trust, Proprietary Estoppel, Contractual Claims, Estate Administration
Trusts and Estates Property Law Probate Beneficial Interest Constructive Trust Resulting Trust Proprietary Estoppel Contractual Claims +1 more

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Parties

Mr Oladimeji Kehinde Akinola

Claimant

Mr Akinfenwa Oyadare

First Defendant

Ms Jumoke Abosede Adepoju

Second Defendant

Procedural Posture

Chancery Probate/property Trusts / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the claimant has a beneficial interest in properties of the estate of Medinat Bola Adepoju
  2. 2 Whether the claimant has any additional or alternative claim by virtue of alleged agreement or estoppel
  3. 3 Whether claimant contributed to purchase or management of properties

Ratio Decidendi

Claimant failed to establish a beneficial interest in the estate properties. The only direct contribution was £3,000 towards Blanche Street, which was purchased as a home for the deceased, not as part of a property business. No evidence of common intention or partnership at time of acquisition. Management services provided by claimant were compensated and do not give rise to beneficial interest. No binding agreement or proprietary estoppel established post-death. Estate properties remain solely in deceased's name.

Court Disposition

Claimant's claims for beneficial interest and alternative claims dismissed.

Orders

  • No beneficial interest declared in estate properties for claimant.
  • Estate administration to proceed without claimant's asserted interest.