In re Abubaker Mohammed Megerisi and Protec Trust Management - Reasons for Decision
Whether the Cayman Islands had jurisdiction to rectify the trust after change of proper law under ss.89–90 of the Trusts Law; whether the omission of the trust corpus (the large GHL loan interests) resulted from a mistake satisfying the rectification test; whether convincing proof existed of the Settlor’s true intention at execution; whether delay raised any laches‑based bar; whether rectification was appropriate notwithstanding tax consequences; whether any alternative remedy existed or rectification was the only practical route to avoid inheritance‑tax exposure
All PDF copies on file (2)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | FSD 0079/2012 (ASCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | In re Abubaker Mohammed Megerisi and Protec Trust Management - Reasons for Decision |
| Judgment Date | 2012-12-18 |
| Subject | Whether the Cayman Islands had jurisdiction to rectify the trust after change of proper law under ss.89–90 of the Trusts Law; whether the omission of the trust corpus (the large GHL loan interests) resulted from a mistake satisfying the rectification test; whether convincing proof existed of the Settlor’s true intention at execution; whether delay raised any laches‑based bar; whether rectification was appropriate notwithstanding tax consequences; whether any alternative remedy existed or rectification was the only practical route to avoid inheritance‑tax exposure |
| Filename (current) | 12-12-18-Abubaker-Mohammed-Megerisi-and-Protec-Trust-Management-In-re.pdf |
| File MD5 | 21174de7c1b772b3c6c022b8a0959636 |
| Source pipeline | pdb |
| PDB record ID | 3496 |
| PDB URL | https://judicial.ky/n0c-storage/judgments-repository2/12-12-18-Abubaker-Mohammed-Megerisi-and-Protec-Trust-Management-In-re.pdf |