Samad v Thompson & Anor [2008] EWHC 2809 (Ch) (18 November 2008)

Samad v Thompson & Anor [2008] EWHC 2809 (Ch) (18 November 2008)

The court found that the claimant's evidence was truthful and corroborated, that an oral agreement was made for the defendants to acquire and hold the property for the claimant's benefit, that the claimant paid the deposit and all expenses, and that a resulting trust arose in his favour. Alternatively, a constructive trust or proprietary estoppel would also arise on the facts.

Citation
[2008] EWHC 2809 (Ch)
Parties
Claimant: Abdul Fazel Samad; Defendant: Donovan Thompson; Defendant: Fuerina Thompson
Jurisdiction
England and Wales
Judgment Date
18 November 2008
Procedural Posture
Chancery Division Claim for Declaration of Trust and Transfer of Property / Judgment After Trial
Outcome
Claim allowed. Declaration granted that the defendants hold the property on trust for the claimant.
Legal Topics
Resulting Trusts, Constructive Trusts, Proprietary Estoppel, Oral Agreements, Beneficial Ownership
Equity and Trusts Property Law Resulting Trusts Constructive Trusts Proprietary Estoppel Oral Agreements Beneficial Ownership

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Parties

Abdul Fazel Samad

Claimant

Donovan Thompson

Defendant

Fuerina Thompson

Defendant

Procedural Posture

Chancery Division Claim for Declaration of Trust and Transfer of Property / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants hold the property on trust for the claimant
  2. 2 Whether a resulting trust, constructive trust, or proprietary estoppel arose in favour of the claimant
  3. 3 Whether the oral agreement alleged by the claimant was made and relied upon

Ratio Decidendi

The court found that the claimant's evidence was truthful and corroborated, that an oral agreement was made for the defendants to acquire and hold the property for the claimant's benefit, that the claimant paid the deposit and all expenses, and that a resulting trust arose in his favour. Alternatively, a constructive trust or proprietary estoppel would also arise on the facts.

Court Disposition

Claim allowed. Declaration granted that the defendants hold the property on trust for the claimant.

Orders

  • Defendants to transfer the property to the claimant as directed by him.
  • Defendants to account for any surplus funds held in relation to the property.