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COFIE AND OTHERS
V.
FORSON AND OTHERS

(1989) JELR 69840 (HC)

High Court 31 Oct 1989 Ghana
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- The Court held that an explicit declaration of trust (Exhibit B) by the testator, E.A. Cofie, over House No. C208, made in favour of named beneficiaries, constituted a valid, completely constituted express trust, notwithstanding later dis

Case Details

Judges:BROBBEY J.
Counsel:WONTUMI FOR THE PLAINTIFFS; DADEY FOR THE DEFENDANTS.
Other Citations:[1992] 1 GLR 312

BROBBEY J.

The plaintiff issued originating summons for the determination of the following questions.

(1). “Whether or not the late Joshua Yaw Atome held house No. C 208 (Type H.S. 35A/5), Dansoman Housing Estate or the beneficial interest therein on a resulting trust for the late Ebenezer Atome Cofie in accordance with paragraph (2) of letter dated 5 November 1973 by Joshua Yaw Atome to State Housing Corporation (copy annexed hereto and marked A).
(2). Whether or not the late Ebenezer Atome Cofie held the said house No. C 208 upon trust for the late Joshua Yaw Atome or his customary successor and Ebenezer Atome Cofie’s children, namely Mrs. Sabina Charlotte Apaloo, Mrs. Henrietta Chobis Okyne, Nathan Cofie, Mrs. Vida Robertson, George Cofie and Mrs. Ellen Dadzie in accordance with the statutory declaration dated 21 April 1976 (copy annexed hereto and marked B).
(3). Whether or not the defendants, executors of the will of the late Ebenezer Atome Cofie (copy of will annexed hereto and m…

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