EQUITY AND TRUSTS — Constructive Trusts — Cannot Operate to Give a Whole for a Portion
Ratio Decidendi
Per Fabiyi, JSC, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at p. 5; Paras D—E:
"It was not right to forcefully attempt to export same to claim the whole of Exhibit A. I agree that the doctrine of constructive trust cannot operate to give the defendant a whole for a portion."
Explanation / Scope
This principle establishes that the doctrine of constructive trust cannot operate to give a party a whole for a portion. The principle applies where constructive trust is invoked. It ensures that the remedy is proportionate. The principle reflects the limits of constructive trust. It prevents unjust enrichment. The court must not award more than is due. The principle provides guidance on constructive trusts.