Jacob and Others v Administrator General of Zanzibar
Jacob and Others v Administrator General of Zanzibar (Civil Appeal 2 of 1946) [1946] EACA 9 (1 January 1946)
The court held that, even assuming the evidence for the defence was correct, the appellants could not rely on the admitted fraudulent purpose of the first appellant in transferring property to his son to rebut the presumption that the property was the son's. Equity does not permit a party to set up their own illegality or fraud to defeat creditors or rebut legal presumptions. Furthermore, the custom of Benami, which allows property to be held in trust for another under Indian law, has no legal recognition in Zanzibar and cannot be invoked to alter the legal ownership established by registrati…
Source excerpt
- Trusts And Benami
- Fraudulent Conveyance
- Presumption Of Ownership
- Customary Law Application