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1 results

  • Reviewing the Decision of the Nigerian Supreme Court in Huebner v AIE and PM Co Ltd: A Dissenting Opinion

  • Chukwuebuka S Okeke
  • Journal:
    Journal of African Law / Volume 65 / Issue 2 / June 2021
    Published online by Cambridge University Press:
    14 December 2020, pp. 313-325
    Print publication:
    June 2021

  • In this case, the Nigerian Supreme Court had the opportunity to build on the foundations of Nigerian trust law. The court was faced with facts that should have led to the implication of a resulting trust in favour of the appellant, since he had purchased a large parcel of land in the name of the respondent. While accepting that it made no contribution to the purchase or development of the land, the respondent sought to escape its fiduciary duty by alleging illegality, using the provisions of the Land Use Act as a statutory shield. The Nigerian Supreme Court endorsed the respondent's position, by electing to focus on the breach of the statute, while ignoring that equity would not allow a statute to be used as an instrument of fraud. This article shows how the court erred, as the statutory breach was not fatal to the appellant's claim: equity does not demand that its suitors have led blameless lives.