The court considered whether a condominium unit owned by the late Qasem Mahmud was held in trust for the Arabic and Islamic Education Foundation.
The applicant, as estate trustee, sought a declaration that neither an express trust nor a purchase money resulting trust existed in favour of the Foundation.
The court found that the requirements for an express trust were not met, as Mr. Mahmud did not own the property when the declaration of trust was signed and the necessary formalities were lacking.
The court also found that the Foundation did not contribute to the purchase price at the time of acquisition, so no purchase money resulting trust arose.
The application was allowed, and the Foundation was found to have no beneficial interest in the property.
