ABOTSI (AN INFANT), IN RE; KWAO
V.
NORTEY AND OTHERS

APALOO C.J.

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 before leaving here, he had one issue—an only son. He is the appellant befor…