Ahmad & Anor v Gould

Ahmad & Anor v Gould

There was no express or implied agreement that the appellant's payments or negotiation of a price reduction were to purchase a beneficial interest in the property; the agreement was only to permit the appellant to buy the property at market price in the future, and the judge's findings of fact were unimpeachable.

Parties
Claimant/respondent: Ijaz Ahmad; Claimant/respondent: Josephine Ahmad; Defendant/appellant: John Michael Gould
Jurisdiction
England and Wales
Judgment Date
06 December 2005
Procedural Posture
Civil Appeal / Appeal From Kingston County Court
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Beneficial Interest in Property
Property Law Equity Constructive Trusts Resulting Trusts Beneficial Interest in Property

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Parties

Ijaz Ahmad

Claimant/respondent

Josephine Ahmad

Claimant/respondent

John Michael Gould

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Kingston County Court

Legal Issues

  1. 1 Whether the appellant acquired a beneficial interest in the property by way of constructive or resulting trust
  2. 2 Whether payments made by the appellant or negotiation of a price reduction created an interest in the property

Ratio Decidendi

There was no express or implied agreement that the appellant's payments or negotiation of a price reduction were to purchase a beneficial interest in the property; the agreement was only to permit the appellant to buy the property at market price in the future, and the judge's findings of fact were unimpeachable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed