Akinola v Oyadare & Anor

Akinola v Oyadare & Anor

The claimant did not make any direct financial contribution to the properties, and there was no common intention or agreement with the deceased that he should have a beneficial interest. No binding contract or proprietary estoppel arose post-death. The claimant has no beneficial interest in any of the properties or proceeds, nor any alternative claim based on the alleged agreement or estoppel.

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
Civil Property/trusts/probate / Judgment on Preliminary Issues and Costs
Outcome
Claims dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Proprietary Estoppel, Contracts Offer and Acceptance, Administration of Estates, Costs Orders
Trusts and Estates Property Law Civil Procedure Constructive Trusts Resulting Trusts Proprietary Estoppel Contracts Offer and Acceptance Administration of Estates +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr Oladimeji Kehinde Akinola

Claimant

Mr Akinfenwa Oyadare

First Defendant

Ms Jumoke Abosede Adepoju

Second Defendant

Procedural Posture

Civil Property/trusts/probate / Judgment on Preliminary Issues and Costs

Legal Issues

  1. 1 Whether the claimant has a beneficial interest in properties in the estate of the deceased
  2. 2 Whether the claimant has any additional or alternative claim by virtue of alleged agreement or estoppel
  3. 3 Whether a contract or proprietary estoppel arose post-death conferring a 25% interest

Ratio Decidendi

The claimant did not make any direct financial contribution to the properties, and there was no common intention or agreement with the deceased that he should have a beneficial interest. No binding contract or proprietary estoppel arose post-death. The claimant has no beneficial interest in any of the properties or proceeds, nor any alternative claim based on the alleged agreement or estoppel.

Court Disposition

Claims dismissed

Orders

  • Both Part 7 and Part 8 claims dismissed
  • Claimant to pay both Defendants’ costs of the determination of the preliminary issues and of the Part 7 and Part 8 claims, to be assessed on the standard basis