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APALOO C.J.: The dispute in this case involves the ownership of a Lister engine and grinding mill which were installed at a village called Livegah near Akatsi in the Volta Region. These machines were used in grinding corn as a commercial enterprise. The evidence shows that since these machines were brought to the village, a woman by name Tornyebu Afedo was in actual control of their operations and physically received the moneys accruing from their operations. She died in or about 1969 and the machines are now in the possession and apparent enjoyment of her son, the respondent to this appeal.
It appears that upon Tornyebu’s death, her family met to consider her assets and liabilities and it was at this meeting that the machines were delivered to the respondent, as one of his mother’s customary successors. But the respondent was enjoined to utilise the profits accruing from their operations for the benefit of himself and his mother’s children. That meeting was presided over by the head …