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Keniston, Deena v Leandy Clarke

Court: 
Supreme Court
Subject: 
Trust
Catchwords: 

Trust-Disputed property ownership-Whether the legal ownership of the Fort Charles properly registered in the joint names of the claimant and the defendant is held on trust for the claimant-Whether the claimant and the defendant is held on trust for the claimant-Whether the claimant intended to make a gift of purchase of half shore in the property to the defendant-Whether legal ownership of the Toyota Wish Motor car registered in the joint names of the claimant and the defendant is held on trust for the claimant-Whether the claimant intended to make a gift of purchase of half shore in the Toyota Wish Motor car tot he defendant-Presumption of resulting trust-Presumption of advancement-Constructive trust-Common intention deduced from parties' words and course of dealings-Deceit and misrepresentation-'Clean hands" principle of equity-Whether apportionment of shares in the property and motor car as between the claimant and respondent is necessary-Whether the claimant should be declared as being sole owner of the disputed property and motor care

Document Type:

Year: 
2026
Suit/Claim number: 
SU2022CV00955
Neutral Citation: 
SU2022CV00955
Judge(s): 
Anderson, J.