Saroja Nisansala v. Aberfoyle – sllr 2011 volume 2 page 340

In the case between Saroja Nisansala (plaintiff-respondent) and Aberfoyle (defendant-appellant), the court addressed the issue of whether a constructive trust could be established in favor of the plaintiff-respondent based on funds provided for the purchase of land, despite the property being registered in the name of the defendant-appellant. The court held that the constructive trust pleaded was valid, as no material evidence demonstrated that the transaction was undertaken for an unlawful purpose such as tax avoidance, and thus did not violate Sections 4(1) and 98 of the Trusts Ordinance. This decision reaffirmed the principle that a trust is not void solely on allegations of an unlawful purpose without sufficient evidence and that restitution is not absolutely barred by a purported unla