YALLEY JNR v KELL AND ANOTHER [1995-96] 1 GLR 91-117

Deeds and documents—Illiteracy—Document executed by an illiterate—Prerequisites for validity of document—Claim by appellant that house in dispute personally acquired by his late father—Claim founded in part on affidavits sworn to by deceased illiterate head of family and queen mother—Failure by appellant to prove they knew meaning, effect and consequences of affidavits—Whether trial judge justified in rejecting affidavits.

Trusts—Constructive trustee—Creation of—Renewal of lease by caretaker in his name—No fiduciary relationship between caretaker and original lessee—Circumstances under which caretaker will be considered constructive trustee—Y mandated by family to deal with family lease—Y falsely representing to lessor that he is beneficiary of lease—Lessor changing title documents into name of Y—Whether Y constructive trustee of lease—Whether Y has only life interest in house he built on land.