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EDMUND TORTO V. ALICE OFOSUA MILLS

(2016) JELR 66654 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/111/2015  •  11 Feb 2016  •  Ghana

Coram
P. K. GYAESAYOR JA (PRESIDING), A M. DORDZIE JA, L. L. MENSAH JA

Appearances
MR. A. G. BOADU FOR DEFENDANT/RESPONDENT ,MR. J. K. LARKAI FOR PLAINTIFF/APPELLANT

Judgement

JUDGMENT

A.M. DORDZIE JA

FACTS:

One Geoffrey Aduama (deceased) was one of the partners that founded Eton Complex Schools. The said Geoffrey Aduama was married to Alice Ofosua Mills the defendant/Respondent in this appeal (I will hereafter refer to her as the defendant and the Plaintiff/appellant as the plaintiff). The plaintiff is a representative of the estate of Geoffrey Aduama and represents the interest of Eton Complex Schools Ltd. in the suit.

The plaintiff’s position is that the Eton school was established in 1967 by Geoffrey Aduama, Mr. Lovi and Mr. Biney. The three formed a partnership to establish the school. Geoffrey Aduama’s contribution to the partnership was that he donated the land on which the school stands.

It is alleged by the plaintiff that the defendant as a wife to Geoffrey Aduama held his interest in the partnership in trust for him because he had to act as solicitor for the school at the same time. In 1988 a dispute arose between Aduama and the wife due to the wife’s …

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