Qayyum v Hameed & Anor

Qayyum v Hameed & Anor

A constructive trust arose in 2004 giving Mr and Mrs Qayyum equal beneficial ownership of the property, notwithstanding the innocent misrepresentation by Mr Qayyum, because the agreement was acted upon by entering into the Nationwide Mortgage, creating substantial detriment, and it would be unconscionable to deny the interest. The oral agreement in 2005 to restore sole ownership to Mrs Qayyum was not proven.

Parties
Appellant: Asefa Qayyum; Respondent: Ajmal Ebrahim Hameed; Respondent: Mohamed Ali Qayyum
Jurisdiction
England and Wales
Judgment Date
27 April 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Trusts, Beneficial Ownership, Misrepresentation, Proprietary Estoppel, Charging Orders
Property Law Trusts Law Equity Constructive Trusts Beneficial Ownership Misrepresentation Proprietary Estoppel Charging Orders

Case Brief

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Parties

Asefa Qayyum

Appellant

Ajmal Ebrahim Hameed

Respondent

Mohamed Ali Qayyum

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a constructive trust arose in 2004 altering the beneficial ownership of the property declared by the 1991 Deed
  2. 2 Whether an innocent misrepresentation precludes the existence of a common intention constructive trust
  3. 3 Whether a subsequent oral agreement in 2005 restored sole beneficial ownership to Mrs Qayyum

Ratio Decidendi

A constructive trust arose in 2004 giving Mr and Mrs Qayyum equal beneficial ownership of the property, notwithstanding the innocent misrepresentation by Mr Qayyum, because the agreement was acted upon by entering into the Nationwide Mortgage, creating substantial detriment, and it would be unconscionable to deny the interest. The oral agreement in 2005 to restore sole ownership to Mrs Qayyum was not proven.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.