THARTLEY TRUST GH EDU FOUNDA
V.
GEORGINA MENSAH DARRAH

(2018) JELR 108693 (HC)    
High Court  ·  LDT/00037/17 ·  30 Oct 2018 ·  Ghana
CORAM
JUSTICE K. A. GYIMAH
Core Terms Beta
defendant
plaintiff
david mustill
plots of land
exhibits
educational centre
shepherd educational centre
educational institution
british airways
declaration of trust
educational project
sole proprietor
hartley trust ghana educational foundation
sufficient evidence
plaintiff’s case
registered trust
advice of david mustill
capacity of the plaintiff
evidence act
exhibit j series
honourable court
joint names of david mustill
series of letters
title deeds
accounts of the school
charity commission
contents of exhibits
d series
educational system
financial support
following issues
initial place
mr. hartley
name of the defendant
personal name
plight of children of a school
registration date
said donation
sole object of the trust
story of the school
things david mustill
view of these acts of the defendant

J U D G M E N T 

Introduction 

The facts of this suit are interesting and somewhat brings to the fore the issue of  schools under trees which has been a major problem that has confronted our  educational system over the years and which the plaintiff supposedly sought to solve  in its own small way.  

Plaintiff’s Case 

The plaintiff describes itself as a Trust registered with the United Kingdom Charity  Commission with its chairman being David Mustill who used to work with the British  Airways as a senior flight dispatcher but is now retired. The sole object of the Trust  according to the plaintiff is to advance education in Kasoa through the provision of an  educational centre, playing fields, workshops and other developments that are  charitable at law. 

The plaintiff avers that during one of the chairman’s visits to Ghana around the year  1994, he was touched by the plight of children of a school at Nyanyano near Kasoa  who were studying under a tree and he therefore decided to help…

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