QUESTION 1

Bashir was a partner of a legal firm, known as Bashir and Co.The partnership agreement provided that no partner should accept the trust money from a client, named Zikry without consent of all other partners. Without consent, Bashir accepted the trust money from a client. He then used the money for his personal use. The money was transferred to his personal account instead of the firm's account.

Based on the facts above:

(a) Advise Zikry as to his rights against the firm. (12 marks)

(b) Explain if your answer would be different if the trust money was transferred to the firm's account and with the consent of all other partners. (8 marks)

Support your answer with relevant statutory provisions of the Partnership Act 1961 and decided cases.