[1972]DLHC2201 • May 24, 1972 • High Court
ASANTE vs. UNIVERSITY OF GHANA
The plaintiff, wife of the late Alfred B. Asante, a former employee of the University of Ghana, claimed on behalf of herself and her children that no legally binding trust existed in their favor regarding benefits due from the University. The late Asante had made a nomination paper directing seven-eighths of his benefits to his wife and children and one-eighth to his brother. After his death in December 1962, the University paid the brother his share but retained the seven-eighths for the plaintiff and children, later deciding to establish a trust fund with this amount. The plaintiff received interest payments but was denied access to the capital, leading to dispute over the existence and terms of the trust.
read moreThe plaintiff, by her amended writ of summons, claims, for herself and on behalf of her children, a declaration that there is no legally binding trust in favour of herself and the children of the late Asante, a former employee of the University of Ghana; and that the said university, who are the defendants herein, be ordered to release to the plaintiff the sum of ¢5,410.00 due from them to the plaintiff and her said children, as the beneficiaries of the late Asante. It is clear from the pleadings that the material facts in the case are not in dispute. Thus, on 9 March 1972 after discussions with counsel, it was agreed that the only important issue in the matter is the issue set out in paragraph 1 (b) of the summons for directions, namely, “whether or not the investment constitutes a trust binding on the plaintiff personally, and for and on behalf of her children.” The decision on that issue depended, mainly, on the construction to be put on certain documents. So both counsel ag...