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The Jurisprudential Nature and Meaning of Trust: Any Semblance Whatsoever with the Concept of Family Property Ownership Under Customary Law in Nigeria

Authors: OYAGIRI Buduka

Publication Type: Journal article

Journal: Babcock Socio-legal Journal

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Abstract

INTRODUCTION

Jurisprudence of trust consist of the entire idea of trust, its workings, together with its nature and origin. But the ultimate origin of the conception of use or trust is still one of the controversial topics of jurisprudence and because the enforcement of trust is perhaps the most outstanding interference with the common law jurisdiction for it has been likened to a legislative power in the sense that, chancery not only deprived a legal owner of his or her all the benefits in the property but also created distinct title in the same piece of property and vest it in the beneficiary. This title (though equitable title) was unknown to common law but at the same time it did not refuse to recognize it. Keeton therefore, traces and locates the origin of trust to common law era in England.

According to M.I. Jegede “such a feat of ingenuity demonstrated by the chancery cannot but be of interest to both early and contemporary equity scholars”. Come to think of it, that we have for one single property a settlor, with absolute title; a trustee with legal title, and a beneficiary with equitable title is definitely a simple mix with complex legal implication that will engage the attention of any jurist.

Trust is a legal calculus played by three parties for the benefits of only one, (the cestuis que trust) a kind of disposal of property.

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OYAGIRI,B. . (2013). The Jurisprudential Nature and Meaning of Trust: Any Semblance Whatsoever with the Concept of Family Property Ownership Under Customary Law in Nigeria, 3 (), 258-258.

OYAGIRI,B. . "The Jurisprudential Nature and Meaning of Trust: Any Semblance Whatsoever with the Concept of Family Property Ownership Under Customary Law in Nigeria" 3, no (), (2013): 258-258.

OYAGIRI,B. and . (2013). The Jurisprudential Nature and Meaning of Trust: Any Semblance Whatsoever with the Concept of Family Property Ownership Under Customary Law in Nigeria, 3 (), pp258-258.

OYAGIRIB, . The Jurisprudential Nature and Meaning of Trust: Any Semblance Whatsoever with the Concept of Family Property Ownership Under Customary Law in Nigeria. 2013, 3 ():258-258.

OYAGIRI,Buduka , . "The Jurisprudential Nature and Meaning of Trust: Any Semblance Whatsoever with the Concept of Family Property Ownership Under Customary Law in Nigeria", 3 . (2013) : 258-258.

O.Buduka , "The Jurisprudential Nature and Meaning of Trust: Any Semblance Whatsoever with the Concept of Family Property Ownership Under Customary Law in Nigeria" vol.3, no., pp. 258-258, 2013.

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