Armstrong (as Trustee in Bankruptcy of Onyearu) v Onyearu and another

Equity – Exoneration. The Court of Appeal, Civil Division, dismissed a trustee in bankruptcy's appeal against an earlier decision to afford a wife an equity of exoneration in respect of a property, which had been the subject of an application for sale by the husband's trustee in bankruptcy following the husband's default in a loan. The court held, amongst other things, that by denying the wife an equity of exoneration would not accord with the notions of equity.

Category: