EQUITY AND TRUSTS — Constructive Trusts — Nature and Basis — Not Based on Prior or Presumed Intention of Parties
Ratio Decidendi
Per Fabiyi, JSC, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at p. 4; Paras D—E:
"Constructive trust, as in this case, is imposed by equity on the ground of conscience and it is not based on the prior or presumed intention of the parties."
Explanation / Scope
This principle establishes that a constructive trust is imposed by equity on the ground of conscience and is not based on the prior or presumed intention of the parties. The principle applies where constructive trust is invoked. It ensures that the remedy is based on conscience. The principle reflects the nature of constructive trusts. It prevents reliance on intention. The court must apply the principle. The principle provides guidance on constructive trusts.