ASANTE vs. UNIVERSITY OF GHANA [1972]DLHC2201

Date	1972-05-24
Suit No.
Citation No.	[1972]DLHC2201

ABBAN J.

C. T. YEBUAH FOR THE PLAINTIFF.

D. OPOKU-AKYEAMPONG FOR THE DEFENDANTS.

[1972]DLHC2201
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >ASANTE<o:p></o:p>&nbsp;vs. <o:p></o:p>UNIVERSITY OF GHANA<o:p></o:p>&nbsp;[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] 2 GLR 86<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
24 MAY 1972.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

C. T. YEBUAH FOR THE PLAINTIFF.<o:p></o:p>

D. OPOKU-AKYEAMPONG FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ABBAN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>The
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.<o:p></o:p><o:p>&nbsp;</o:p>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 agreed that the
cause should be disposed of by legal argument. Consequently, all the documents
relevant to the case were tendered in evidence by consent.<o:p></o:p><o:p>&nbsp;</o:p>The facts
may be summarized as follows. The husband of the plaintiff, called Alfred B.
Asante, was on the staff of the defendants during his lifetime. Some time
before September 1962, the plaintiff’s said husband, by a document commonly
known as and called nomination paper, disposed of the benefits due to him from
the defendants. But on 23 September 1962, he cancelled the said nomination
paper and made a fresh one in which he asked the defendants to pay on his death
seven-eighth’s portion of his said benefits to the plaintiff and her children,
and the remaining one-eighth to his brother, called Lawrence Y. Appiah.<o:p></o:p><o:p>&nbsp;</o:p>In
October 1962, the defendants established a superannuation scheme for their
employees. All members of the senior and junior staff, who were appointed to
“permanent established posts” in the university, were eligible to become
members of the scheme. The plaintiff’s husband was then holding a “permanent
established post” and was therefore considered to have joined the scheme which
came into effect as from 1 October 1962. According to the provisions of the
said scheme, which was tendered in evidence as exhibit 1, the defendants were
under an obligation to take life insurance policies for the members of the
scheme. The policies were to be taken in the name of defendants. But the
premiums, necessary to maintain the policies, were made up of certain
deductions from the salaries of the participants of the scheme and from the
contributions made by the defendants themselves.<o:p></o:p><o:p>&nbsp;</o:p>On a
participant reaching the retiring age of 60, all the benefits and entitlements
due to him, under the said life policy, are paid out to him. In fact the scheme
has all the attributes of a pension scheme. Provision is also made in the
scheme for paying out the said benefits and entitlements in case the
participant dies while still in the employment of the defendants, and before
reaching the retiring age. This latter provision is contained in clause 12 of
the scheme and will be fully discussed in due course.<o:p></o:p><o:p>&nbsp;</o:p>