[1962]DLSC1430 • June 11, 1962 • Supreme Court •
EBOE vs. EBOE
The plaintiff, a Lebanese temporarily residing in Accra, claimed that the defendant, a naturalised British subject domiciled in Nigeria, held certain business interests and properties as trustee for the plaintiff. The plaintiff sought declarations and accounts relating to partnership interests and profits from various businesses operated by the defendant from 1942 to the date of judgment. The defendant challenged the jurisdiction of the Ghanaian courts, asserting domicile and residence in Nigeria and that the writ was served outside Ghana.
read moreJUDGMENT OF KORSAH C.J. Korsah C.J. delivered the judgment of the court. This is an appeal from a judgment of Ollennu, J., sitting in the High Court, Accra, Ghana, in which the plaintiff claims: “(a) A declaration that the interest which the defendant held as a partner with one Salim Shamoon in the firm of City Furniture Company from 1943 to 1948 and in the Company of City Furniture Company Ltd., which is now known as Construction and Furniture Company Limited, was held by the defendant as a trustee as to one-half share thereof for the benefit and use of the plaintiff. (b) A true and faithful account of all profits received by the defendant in respect of a textiles retail business which he operated from June 1943 to August 1947 and in respect of the business of City Furniture Company as a partner there from 1943 (1947) until its conversion into the company of City Furniture Company Limited (now known as Construction and Furniture Company (West Africa) Limited) in 1948 and in.....