AN EXAMINATION OF THE NATURE AND SCOPE OF RESULTING TRUST UNDER THE NIGERIA LAW.

HEZES, DAVID CHUKWUNONSO. (2026) AN EXAMINATION OF THE NATURE AND SCOPE OF RESULTING TRUST UNDER THE NIGERIA LAW. Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..

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Abstract

This study examines the nature and scope of resulting trust under Nigerian law, with particular emphasis on its doctrinal foundations, judicial application, and practical relevance in resolving disputes relating to property ownership. Resulting trust, as an equitable doctrine received from English law, arises by operation of law where legal ownership does not reflect the true beneficial interest of the parties. The research adopts the doctrinal legal research methodology, relying on statutes, judicial decisions, textbooks, journal articles, and other authoritative legal materials. Through a critical analysis of Nigerian case law and relevant legal literature, the study examines the legal character of resulting trust, its theoretical justifications, the circumstances under which it arises, the conditions for its application, and the evidential requirements for establishing beneficial ownership. Particular attention is given to leading judicial authorities, including Savage v Uwaechia and Kafi v Kafi, which have shaped the development of the doctrine in Nigerian jurisprudence. The study finds that resulting trust remains an essential equitable mechanism for preventing unjust enrichment and ensuring that beneficial ownership reflects the true intentions and contributions of the parties. Nevertheless, the absence of consistent judicial reasoning, uncertainty regarding its distinction from other implied trusts, and the challenges of applying the doctrine within Nigeria's customary land tenure system continue to undermine legal certainty. The study concludes that greater doctrinal clarity and a more consistent judicial approach are necessary to strengthen the application of resulting trust in Nigeria. It recommends clearer judicial guidelines distinguishing resulting trust from constructive trust, improved evidential standards for proving equitable interests, and a contextual application of the doctrine that accommodates Nigeria's socio-economic and customary property realities. These measures will enhance fairness, promote doctrinal coherence, and improve the administration of justice in property disputes.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	ESTHER IGWEIKE
Date Deposited:	24 Jul 2026 13:11
Last Modified:	24 Jul 2026 13:11
URI:	http://eprints.gouni.edu.ng/id/eprint/5972

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