EID v. EID AND ANOTHER

JUDGMENT OF APALOO C.J.

The respondents are infants now aged eleven and nine respectively and are the children of the late Sami Aziz Eid. The latter although in origin a Lebanese, acquired Ghanaian citizenship by naturalisation. He died at Accra on 3 August 1969 intestate possessed of real and personal property.

On the deceased's death, his brother and wife jointly obtained letters of administration in respect of his estate. His widow has since remarried and is the second defendant in this matter. She is not an appellant before us. She is, of course, the mother of the infant respondents. The deceased's brother is the first defendant and is the only appellant in this court.

The letters of administration were granted to the appellant and the deceased's widow on 3 June 1970. Barely six months after obtaining grant, the administrators executed "an agreement" which gave rise to this action. It was signed on 8 December 1970 (exhibit A). The evidence shows that the only persons beneficially entitled in the assets of the intestate, are his infant children, that is the respondents. It would seem the only substantial property left by the deceased is a bakery—buildings and stock-in-trade—at Tema. It was known as the Tema Alpha Bakery.

By this "agreement" which was expressed to be made between the said administrators qua administrators, the self-same persons qua trustees of the infant respondents and the respondents as third parties, the administrators as trustees transferred the said Alpha Bakery to a company formerly known as Semi African Enterprises Ltd. but now known as [p.292] Piccadilly Biscuits Ltd. in consideration of shares said to be issued to the respondents by the said company.

The evidence does not disclose a great deal about the company, or who are the brains behind it. What seems clear is that the appellant has a substantial interest in that company. He holds the majority of the equity shares in the company and is the chairman of its board of directors. The intestate himself seems to have held some shares in that company but it was said he became disenchanted with it, severed his association with the company and by himself established the bakery business. It is unclear what the deceased did with his shares. It would seem, however, that at the date of his death, he ceased to have any interest in the Piccadilly Biscuits Ltd.

It seems plain that the intestate's widow must have repeated the “agreement" of transfer. Her father who brought these proce