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Publication Date

11-2023

Abstract

This Judgement demonstrates the importance of judicial interpretation of statutes through the Court of Appeal’s decision which was not solely based on one section of the Lands and Deeds Registry Act but the the Act as a whole thereby correcting and rectifying the lower court’s narrow and limited interpretation of the Statute. The judgement serves as a remainder of the courts’ role in protecting the rights of beneficial owners as well as honouring the original terms agreed by the parties involved against claims made by trustees who may seek to assert ownership contrary to the terms of the trust. Further, the judgement clarifies the legal requirements for registering trust deeds by indicating that while registration of a trust deed is beneficial for legal clarity, it is not mandatory and thus providing flexibility in the administration of trusts. Lastly, the judgement reinforces that a trust relationship is sacred and should not be invalidated on mere technical grounds of non-registration, but rather on the substance of the case and that, a trust relationship is enforceable whether or not the trust deed is registered thus upholding the principle that trust agreements are binding and enforceable agreements irrespective of their registration status.

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