Tito and Others V Waddell and Others (No 2), Tito and Others V Attorney- General (Part 1 of 3)
Page 1 Tito and others v Waddell and others (No 2), Tito and others v Attorney- General (Part 1 of 3) CHANCERY DIVISION [1977] Ch 106, [1977] 3 All ER 129, [1977] 2 WLR 496 HEARING-DATES: 8-11, 14-18, 21-25, 28-30 APRIL, 1, 2, 5-8, 12-16, 19-23 MAY, 3-5, 9-13, 16-20, 23-27, 30 JUNE, 1-4, 7-11, 14-18, 21-25, 28-31 JULY, 22- 24, 27-31 OCTOBER, 3-7, 10-14, 17-20, 24-28 NOVEMBER, 1-5, 15-19 DECEMBER 1975, 12-16, 19-23, 26-30 JANUARY, 2-6, 9-13, 20, 23-27 FEBRUARY, 1-5, 8-12, 15, 18, 19, 22-26, 29-31 MARCH, 1, 2, 5-9, 13, 14, 27-30 APRIL, 3-7, 10-14, 17-21, 24-28 MAY, 8-11, 14-18 JUNE, 29, 30 NOVEMBER, 1- 3 DECEMBER 1976 3 December 1976 CATCHWORDS: Trust and trustee - Nature of trust justiciable in court - Governmental obligation - Enforcement of obligation - Criteria on which distinction drawn between trust and governmental obligation - Crown colony - Lease by colonial official to mining commissioners - Royalties to be held 'in trust' for islanders - Absence of intention to create a true trust or fiduciary obligation - Whether 'trust' justiciable in courts. Contract - Stranger to contract - Benefit and burden - Connection between defendant and contract - Mining lease conferring benefit on government appointees - Lease containing an obligation to replant - Change in appointees - New appointees taking benefits of lease - Whether obligation to replant enforceable against new appointees. Specific performance - Parties - Interested parties not all before court - Form of order - Attempt to cure defect - Form of order leaving views of absent parties to be ascertained - Whether damages a more appropriate remedy.
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