[1984]DLCA202 • March 5, 1984 • Court of Appeal
ABOTSI (AN INFANT), IN RE; KWAO vs. NORTEY AND OTHERS
Issiah Nii Tawiah, a police officer, obtained a government scholarship and moved to England, leaving behind his only son, the appellant, who was three years old at the time. Tawiah died intestate in London in 1975, owning movable and immovable property. Succession to his estate was governed by the customary law of Kpone, Greater Accra Region, which is patrilineal. The appellant, as the sole child, became the owner of the estate. The deceased's property was managed by members of his patrilineal family and trustees (Mr. and Mrs. Amah), who acted as fiduciaries. The appellant sought to compel these fiduciaries to account for their management and dealings with his patrimony, including unauthorized sales and purchases made with estate funds.
read moreJUDGMENT OF APALOO C.J. Apaloo C.J. delivered the judgment of the court. The main questions to be decided on this appeal are whether a fiduciary is liable to account to his principal on matters within the scope of their relationship either in accordance with the rules of equity or customary law and whether if the fiduciary improperly converts the trust property into some other form, the beneficiary can recover such property from the fiduciary or from third parties to whom he may have transferred it. These are the reliefs which the appellant sought unsuccessfully in the court below. Hence this appeal. Before attempting an answer to these questions, it is necessary to relate the facts which are not in issue. In 1965 a man called Issiah Nii Tawiah obtained a government scholarship to train in England on licensing duties. He was apparently a police officer. It appears that after his training, he decided to remain in England. It does not appear that he got married there. But befo...