AKUFO-ADDO vs. CATHELINE

The plaintiff, Mrs. Adeline Akufo-Addo, widow of the late Edward Akufo-Addo (former Chief Justice and President of Ghana), claimed that shares held by her late brother, Ofori-Panin Ofori-Atta, in Beyeeman Freezing Co. Ltd., and a house at Kaneshie, were held in trust for her late husband or his estate. The shares and house were devised by Ofori-Atta to his children, but the plaintiff contended that although Ofori-Atta held legal title, he was a trustee for her husband. The claim was based on the assertion that the trucks bought by her husband and entrusted to Ofori-Atta were sold without consent, and proceeds were invested in the house and company shares. The defendants, executors of Ofori-Atta's will, denied the claims, asserting the properties were acquired through Ofori-Atta's own efforts.

JUDGMENT OF KPEGAH J.A. This appeal came to us from a judgment of the Court of Appeal setting aside the decision of the High Court dated 27 January 1992. On 1 October 1982 the plaintiff-respondent-appellant (hereinafter referred to as the plaintiff) took out a writ of summons against the defendants claiming the following reliefs: (a) “A declaration that the shares held by the late Ofori-Panin Ofori-Atta (deceased) in Beyeeman Freezing Co. Ltd., were held by him upon trust for the late husband of the plaintiff or for the said husband’s estate. (b) Further or other reliefs as in the circumstances may be just.” The claim was said to have been amended to include a claim to the ownership of house No. 1203, Kaneshie Housing Estate, Accra. The plaintiff, Mrs. Adeline Akufo-Addo, is the widow of the late Edward Akufo-Addo, one time Chief Justice of this country and later its President. The plaintiff’s action is against the executors of the will of one Ofori-Panin Ofori-Atta, a b...