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(1961) JELR 64902 (HC)

High Court  •  30 Jun 1961  •  Ghana




The plaintiff and the defendant are wife and husband married in accordance with Islamic law. By an agreement dated the 1st December, 1958, they formed a partnership trading under the name and style of Express Grocery. Differences have arisen between them, and they are now living apart. The plaintiff, being dissatisfied with the management of the business and the manner in which she alleged the defendant applied the profits from the business which should come to her, felt compelled to call for accounts and to request dissolution of the partnership. She has now sued claiming dissolution of the partnership and an order for payment to her of any amount which may be found due to her upon the accounts.

The accounts have been taken by consent of both parties and the amount due to either party has been agreed by them or their counsel. But the defendant resisted the claim for dissolution on two main grounds, namely,

(i) that according to the partnership agreement exhibit A, the only …

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