[1985]DLSC745 • March 21, 1985 • Supreme Court •
HANSEN vs. ANKRAH
The Mantse Ankrah family of Accra, possessing substantial landed property, received compensation of ¢160,547.40 from the government for compulsory acquisition of a portion of their land. The compensation was paid to the first respondent as head of the family, who was expected to deposit it into a designated family bank account operated jointly by the family heads. Instead, the first respondent deposited the money into his personal account, raising concerns of fiduciary breach and misappropriation by the appellants, who are heads of two family branches.
read moreJUDGMENT OF APALOO C.J. The parties to this appeal are all members of the Mantse Ankrah family of Accra. That family seems to be possessed of substantial landed property. Sometime ago, the government acquired a portion of that land compulsorily and compensation fell to be paid therefor. The immediate cause of this litigation is that the sum of ¢160,547.40 was paid to the first respondent as part of the compensation money and this sum was received by the latter in his capacity as head of the family. By a standing family arrangement, this money should have been paid into a designated bank account to the credit of the family. Apparently, to keep a check on the disbursement of this money, the family mandated four persons to draw cheques on that account. They are the parties to the suit which culminated in this second appeal. It is now clear from the evidence that the first respondent did not pay that sum into the family account but paid it into his own personal account. It is o....