The Estate of Nafisa Hasan v Digit Ltd & anr [2024] WTLR 883

Autumn 2024 #196

The court determined preliminary issues in respect of whether the deceased (who died in 2022 after the issue of proceedings) had a beneficial interest in a residential flat and, if so, what that interest was and whether the interest was held on an express trust, constructive trust or resulting trust, or under the doctrine of proprietary estoppel.

The first defendant was a Cayman Island company incorporated in 1998, which acquired the leasehold title of the flat shortly afterwards. The first defendant was incorporated by the deceased’s former husband, a colonel in the Pakistani arm...