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Civic Law

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Equity & Trusts

By: David Bakibinga
Published By LawAfrica
Format: Paperback

The text provides an overview of equitable principles and links this with the maxims of equity and the distinction between equitable and legal interests. This is followed by consideration of assignment of equitable interests and an analysis of the major equitable remedies, including injunction, specific performance, rescission, rectification, order for an account and delivery up and cancellation of documents. Although of limited relevance in modern times, the doctrines of equity which comprise

election , satisfaction, performance and, to a limited extent, conversion are also examined. The general treatment of equity is followed by a specialist analysis of the concept of the trust, which is regarded as the largest manifestation of equity. This assessment covers the nature, creation and essentials of a trust as well as its peculiar manifestations in the form of charitable, implied, resulting and constructive trusts.

The administration, management and consequences of a breach, of trust are then appraised. The text winds up by examining aspects peculiar to Estate Planning, namely, the taxation of trust income and retirement and pension trusts. The text will benefit students offering Equity and Trusts and Estate Planning courses for the LL.B. programmes in East African universities as well as legal practitioners, insurance, social security and corporate operators.

Dr. Bakibinga is Professor of Commercial Law and Head, Department of Commercial Law, Makerere University, Uganda. He has taught Equity and Trusts for nearly three decades variously in Nigerian Universities, Makerere University and Uganda Christian University. He is the author of Law of Trusts in Nigeria(1989), Nigerian Law of Partnership (1989), Partnership Law in Uganda (1992,2007),Value Added Tax: Introduction , Rationale and the Law (1996),Company Law in Uganda(1993,2001) Law of Contract in Uganda (1996,2001),Revenue Law in Uganda (2003, 2006), Uganda Property and Trust Law (2011) and numerous scholarly articles.


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