Sarah Blankson V. Joseph Emmanuel Odoi & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Writ of Fi. Fa. issued at instance of plaintiff against defendant— Appeal fromDivisionalProperty seized under writ was estate of a deceased person to Court, Goldwhose estate defendant had been appointed Receiver and Coast. Manager—Writ was in respect of judgment recovered for money received by defendant in his personal capacity and obtained by misleading representations—Money received as principal.

Facts

In 1939 defendant was appointed by the Court as Receiver and Manager of the estate of Mettle, deceased.

Later that year the defendant borrowed £50 from plaintiff upon the representation that he was to use it for the benefit of the estate. He converted the sum to his own use.

Plaintiff obtained judgment against defendant for the unpaid balance and caused a property of the late Mettle to be seized by writ of Fi Fa.

Claimant, by interpleader summons, claimed this property on behalf of herself and all the beneficiaries under the Will of Mettle, deceased.

At the hearing the only person who gave evidence was defendant. He admitted conversion of the money to his own use.

Held

Court below wrong in dismissing interpleader summons and holding that judgment creditor was entitled to sell the property in satisfaction of her debt.

Receiver and Manager appointed by the Court is a principal and not au. agent. He is prima facie liable on contracts entered into by him. Judgment creditor entitled to execution only against goods of which defendant was beneficial owner