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ADOMAKO
V.
APPENTENG

(1994) JELR 69453 (CA)

Court of Appeal 27 Jan 1994 Ghana
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- The plaintiff set up a company called Vacuum Salt Products Limited and allotted 100,000 shares to the defendant on the understanding that the defendant would hold them in trust for the plaintiff. - The plaintiff authorized the defendant t

Case Details

Judges:BROBBEY JA, ESSIEM JA, ADJABENG JA
Counsel:E D KOM FOR THE APPELLANT; KOJO AFRAM ASIEDU FOR OFOSU AMMAH FOR THE RESPONDENT.
Other Citations:[1994 - 95] 2 GBR 936 – 942 C A

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 d…

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