To What Extent Can Equity Find Expression in Constructive Trust Under the Nigerian Legal System?

Journal of Law, Policy and Globalization Vol 58, 2017

13 Pages Posted: 11 Apr 2017 Last revised: 12 Apr 2017

See all articles by Kato Gogo Kingston

Kato Gogo Kingston

Faculty of Law, Rivers State University

Mercy Oke-Chinda

University of Port Harcourt

Date Written: March 31, 2017

Abstract

The object of this paper is to examine the assertion that, constructive trust is a vital legal mechanism through which the conscience of equity finds expression. When real property is acquired in such circumstances that the legal title holder may not in good conscience keep the beneficial interest, equity makes him a trustee of the property. This treatise does not seek to provide a comprehensive philosophical analysis of constructive trust as a subject-matter however, it sets out to elucidate the landscape, growth and cogency for the imposition of constructive trust as probably a safer means by which the legal and equitable interests of the relevant parties may be protected in real and personal properties. Thus, the paper assessed the degree to which constructive trust as equitable remedy is applicable under the Nigerian legal system. Also, the paper seeks to offer viable suggestions for the improvement of the concept and applicability of constructive trust in contemporary settings.

Keywords: Constructive trust, Equity, Land

Suggested Citation

Kingston, Kato Gogo and Oke-Chinda, Mercy, To What Extent Can Equity Find Expression in Constructive Trust Under the Nigerian Legal System? (March 31, 2017). Journal of Law, Policy and Globalization Vol 58, 2017. Available at SSRN: https://ssrn.com/abstract=2949300

Kato Gogo Kingston (Contact Author)

Faculty of Law, Rivers State University ( email )

P.M.B. 5080
Port Harcourt, Rivers State
Nigeria

Mercy Oke-Chinda

University of Port Harcourt

University of Port Harcourt
PMB 5323, Choba
Port Harcourt, 500102
Nigeria

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