ADOMAKO
V.
APPENTENG

(1994) JELR 69453 (CA)    
Court of Appeal  ·  27 Jan 1994 ·  Ghana
 · 
Other Citations
[1994 - 95] 2 GBR 936 – 942 C A
CORAM
BROBBEY JA, ESSIEM JA, ADJABENG JA
Core Terms Beta
section
dividends
trial judge
trust
plaintiff
respondent
defendant
new case
none of the parties
claim
decided case
fact
high court
parties
facts of the case
holder of equitable interest
sole beneficiary
supreme court
trial court
absolute rule
akers trading co
application of section
basic principle
basis of the case of either party
case of dam v
case of the respondent
civil cases
civil procedure rules
contentious issue
criminal case
decisions of higher courts
defendant holds
defendant’s counsel
general principles
government actions
important issue
legal consequences
legal title
lower courts
mr kom
oral evidence of fundamental matters
principle of stare decisis mandates
provisions of the limitation decree
record shows
respective cases
respondent’s case
ruling of the trial judge
sole ground
state of affairs
statutory limitation

BROBBEY JA.

The plaintiff averred that he set up a company by name Vacuum Salt Products Limited. Following some discussion with the defendant, the plaintiff allotted one hundred thousand shares in that company to the defendant on the express understanding that the defendant would hold the shares in trust for the plaintiff. That was in 1975. The plaintiff stated further in his affidavit filed on 12 November 1992 that when dividends were declared in 1981 he authorised the defendant to hold the amount in trust for him, the plaintiff. The defendant refused later to pay the 1981 dividends to plaintiff. The plaintiff therefore stopped payment of the 1983 dividends to the defendant. Consequent upon certain Government actions taken in connection with the company in 1989, the plaintiff stopped further attempts to pay dividends to defendant. He also attempted to end the trust by a letter dated 28 April 1992. When the dividends were not refunded to the plaintiff, he instituted action against the …

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