Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

(1984) JELR 63850 (CA)    
Court of Appeal  ·  5 Mar 1984 ·  Ghana
 · 
Other Citations
[1984-86] GLR 144
CORAM
APALOO C.J.,ABBAN J.A.,OSEI-HWERE J.A.

Ratio Decidendi

Core Terms Beta
family
customary law
case
head of family
native custom
head of a family
rules of equity
immovable property
family possessions
learned trial judge
legal position
members of the family
ollennu j.
own showing
position of a trustee
rules of law
account of trusts
african customary law
appellant’s patrilineal family take possession
asante’s property law
breach of this duty
clear accounts
concept of a fiduciary
consideration of the reason
courts act
customary law of ghana
customary law of kpone
english common law concept
ex parte dale
fiduciary principle
fry j.
ghana family
ghana law
head of the family
importance of this comparative examination
main vehicles
mrs. j.a. amah
name equity
only child of the deceased
only immovable property
orthodox statement of that position
particular facts of this case
personal law of that person
personal law of the late tawiah
public policy
rules of customary succession
sisters of the defendant
such holds
such property
trust property

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…

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