EBOE v. EBOE

The Supreme Court of Ghana, per Korsah C.J., heard an appeal challenging the High Court’s jurisdiction over a dispute between a Lebanese businessman temporarily resident in Accra and a naturalised British subject domiciled in Nigeria concerning trust interests and profits in City Furniture Company (a partnership with Salim Shamoon), its successor City Furniture Company Ltd., and Construction and Furniture Company (West Africa) Limited, including C.F.C. Furniture Company (West Africa) Ltd. The High Court had permitted service of the writ outside Ghana, serving the defendant at Port Harcourt, Nigeria, and later found for the plaintiff on the merits, treating the defendant as a trustee. On appeal, the Court recharacterized the claims as substantively for breach of trust, noted the absence of a written trust instrument under Order 11, rule 1(d), emphasized that service out must be strictly confined to the rule’s grounds, and held that the High Court lacked jurisdiction. It set aside the judgment, struck out the action for want of jurisdiction, and awarded costs to the appellant.