LEGAL PRINCIPLE: EQUITY AND TRUSTS — Presumption of Advancement — Rebuttal — Evidence Required to Rebut Presumption
PRINCIPLE STATEMENT
Both the presumption of resulting trust and presumption of advancement can be rebutted by evidence of the actual intention of the purchaser. The court considers all circumstances to arrive at the purchaser's real intention. Only where no evidence contradicts it will the presumption prevail.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ughutevbe v. Shonowo (2004) NLC-1601997(SC) at p. 29; Paras A–B.
"Both the presumption of a resulting trust and the presumption of advancement can be rebutted by evidence of the actual intention of the purchaser. In these cases, the court puts itself in the position of a jury and considers all the circumstances of the case, so as to arrive at the purchaser's real intention; it is only where there is no evidence to contradict it that the presumption of a resulting trust or of advancement, as the case may be, will prevail."
EXPLANATION / SCOPE
Both presumptions (resulting trust and advancement) are rebuttable by evidence of actual intention. The court examines all circumstances to determine the purchaser’s real intention. The principle applies to equity and trusts. The presumption only prevails when no contradictory evidence exists. The burden is on the party seeking to rebut the presumption. Actual intention, not presumed intention, governs when evidence is available.
