Samad v Thompson & Anor

Samad v Thompson & Anor

A constructive trust arose in favour of Mr Samad for the entire beneficial interest in the property, based on an express oral agreement, his detrimental reliance, and his payment of all acquisition and ongoing costs; the Thompsons hold the property on trust for Mr Samad, subject to discharge of their mortgage and financial obligations.

Parties
Claimant: Abdul Fazel Samad; Defendant: Donovan Thompson; Defendant: Fuerina Thompson
Jurisdiction
England and Wales
Judgment Date
18 November 2008
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the claimant
Legal Topics
Resulting Trust, Constructive Trust, Proprietary Estoppel, Beneficial Ownership, Oral Agreements, Fiduciary Duty
Trusts Property Law Equity Resulting Trust Constructive Trust Proprietary Estoppel Beneficial Ownership Oral Agreements +1 more

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Parties

Abdul Fazel Samad

Claimant

Donovan Thompson

Defendant

Fuerina Thompson

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether a resulting trust arose in favour of the claimant for the property
  2. 2 Whether a constructive trust arose in favour of the claimant for the property
  3. 3 Whether proprietary estoppel entitles the claimant to the beneficial interest in the property

Ratio Decidendi

A constructive trust arose in favour of Mr Samad for the entire beneficial interest in the property, based on an express oral agreement, his detrimental reliance, and his payment of all acquisition and ongoing costs; the Thompsons hold the property on trust for Mr Samad, subject to discharge of their mortgage and financial obligations.

Court Disposition

Judgment for the claimant

Orders

  • The parties should agree the appropriate order for transfer of the property to Mr Samad or at his direction, subject to discharge of the mortgage and financial obligations.