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EBOE
V.
EBOE

(1962) JELR 67738 (SC)

Supreme Court 11 Jun 1962 Ghana
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- The Supreme Court held that the High Court of Ghana lacked jurisdiction to entertain the action as the originating writ, which essentially sought relief for breach of trust, could not be served out of jurisdiction under Order 11, rule 1,

Case Details

Judges:KORSAH JSC, C.J. JSC, SARKODEE-ADOO JSC, ADUMUA-BOSSMAN J.S.C.
Counsel:J.G. LE QUESNE WITH HIM E.N.P. SOWAH FOR THE APPELLANT; E. AKUFO-ADDO FOR THE RESPONDENT.

KORSAH C.J.: This is an appeal from a judgment of Ollennu, J., sitting in the High Court, Accra, Ghana, in which the plaintiff claims:

“(a) A declaration that the interest which the defendant held as a partner with one Salim Shamoon in the firm of City Furniture Company from 1943 to 1948 and in the Company of City Furniture Company Ltd., which is now known as Construction and Furniture Company Limited, was held by the defendant as a trustee as to one-half share thereof for the benefit and use of the plaintiff.

(b) A true and faithful account of all profits received by the defendant in respect of a textiles retail business which he operated from June 1943 to August 1947 and in respect of the business of City Furniture Company as a partner there from 1943 (1947) until its conversion into the company of City Furniture Company Limited (now known as Construction and Furniture Company (West Africa) Limited) in 1948 and in the C.F.C. Furniture Company (West Africa) Ltd. (See amendment filed …

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