AKUFO-ADDO vs. CATHELINE [1992]DLSC1963

Date	1992-01-27
Suit No.
Citation No.	[1992]DLSC1963

WUAKU JSC

AMUA-SEKYI JSC

OSEI-HWERE JJ.S.C.

KPEGAH JA

OFORI-BOATENG JJ.A.

JOE REINDORF (WITH HIM W.A.N. ADUMUA-BOSSMAN) FOR THE PLAINTIFF-APPELLANT.

E.D. KOM S.A.G. (WITH HIM CHARLES HAYIBOR GEORGE KOM AND R. AGODZO) FOR THE DEFENDANT-RESPONDENTS.

[1992]DLSC1963
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">AKUFO-ADDO<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">CATHELINE<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1992] 1 GLR 377<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 27
JANUARY 1992<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JOE REINDORF (WITH HIM W.A.N. ADUMUA-BOSSMAN) FOR THE
PLAINTIFF-APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

E.D. KOM S.A.G. (WITH HIM CHARLES HAYIBOR, GEORGE KOM AND R.
AGODZO) FOR THE DEFENDANT-RESPONDENTS.
<o:p></o:p>

WUAKU, AMUA-SEKYI AND OSEI-HWERE JJ.S.C. KPEGAH AND OFORI-BOATENG
JJ.A. <o:p></o:p>

</div>JUDGMENT OF KPEGAH J.A.<o:p></o:p>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.<o:p></o:p>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:<o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.5in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l4 level1 lfo6;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(a)&nbsp;&nbsp;&nbsp; “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. <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-top:0in;margin-right:0in;margin-bottom:
5.0pt;margin-left:.5in;mso-add-space:auto;text-align:justify;text-indent:-.25in;
mso-pagination:none;mso-list:l4 level1 lfo6;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">(b)&nbsp;&nbsp;&nbsp;
Further or other reliefs as in the circumstances may be just.”<o:p></o:p>The claim was said to have been amended to include a claim to the
ownership of house No. 1203, Kaneshie Housing Estate, Accra.<o:p></o:p>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 brother of the full blood of the plaintiff.<o:p></o:p>By his will, Ofori-Panin Ofori-Atta, who died in a tragic lorry
accident, devised certain shares in Beyeeman Freezing Co. Ltd. (B.F.C.), of
which he was the managing director, and house No. 1203, Kaneshie Estate, Accra
as the absolute and beneficial owner, to his children. The plaintiff disputes
that the properties so devised belong to her deceased brother and that although
he held the legal title to these properties, he did so as a trustee for the
benefit of her late husband, Edward Akufo-Addo; and, therefore, as a trustee
for the benefit of his estate after his death. According to the plaintiff the
trust was created by operation of law.<o:p></o:p>The basis of the plaintiff’s claim was projected through the
plaintiff herself and the evidence of her witnesses. Certain documents were
also tendered by her as exhibits. According to the plaintiff, her brother, O.P.
Ofori-Atta, who was then unemployed joined her in Accra in 1941. She found a
job for him as a clerk at the Barclays Bank where he worked until 1946 when he
left. The brother sought her help to plead with her late husband to assist him
enter business as he had had some experience in that direction.<o:p></o:p>The husband agreed to her brother’s proposal and got one
Amua-Sekyi and O.P. Ofori-Atta together and registered a company called
Linasek. The working capital of this company was provided by her late husband.
The company traded in suiting materials, a speciality of Mr. Amua-Sekyi. O.P.
Ofori-Atta was fond of giving credit to customers. This practice was
unacceptable to Mr. Amua-Sekyi who found it inconvenient to be going round
debt-collecting. He therefore withdrew from the company. This happened in 1954.<o:p></o:p>Linasek was taken over by Edwards Ltd. which also collapsed as a
result of the mismanagement of O.P. Ofori-Atta. Edwards Ltd. folded up in 1957.
O.P. Ofori-Atta had a brief sojourn in the Volta Region and resurfaced with a
proposal to the plaintiff’s late husband that he wanted to go into the sand and
stone business. The Tema Harbour was then under construction. A company called
Akan General Contracting Co</main>