Whether a court has discretion to relieve a Trustee who has acted honestly and reasonably of personal liability for breach of trust.
"The Court has a discretion to relieve a Trustee who has acted honestly and reasonably of personal liability for breach of trust. The trial Court, in this case, exercised its discretion in favour of the defendant. The Court of Appeal affirmed this exercise of discretion. I have not been persuaded that the discretion was exercised under a mistake of law or in disregard of principles or under a misapprehension of the facts or that irrelevant matter were taken into account or that it occasioned any injustice.-Awani v. Erejuwa II (1976) 11 S.C. 307, 315: Omadide v. Adajeroh (1976) 12 S.C. 87, 96.
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