[2009]DLSC2481 • January 21, 2009 • Supreme Court •
GATEWAY WORSHIP CENTRE vs. DAVID SOON BOON SEO
The Appellant, a Korean missionary residing in Tema, promised to raise funds in Korea for the 2nd Respondent church in Tema. Before departure, a video depicting poverty in the church community was produced to solicit donations. Upon return, the Appellant declared funds had been raised but did not disclose amounts or hand over the money, instead retaining it in his bank account and using part to purchase disputed land. The church, through its pastor and trustees, sued for declaration of title, recovery of possession, injunction, and accounting.
read moreAKUFFO, JSC: This is an appeal from the judgment of the Court of Appeal dated 9th December, 2005, which upheld a judgment of the Circuit Court dated 8th December, 2003 in favour of the Respondents herein. Brief Background The Appellant is a missionary of Korean nationality and was at all material times resident in the Tema Metropolitan area. The 1st Respondent is the Pastor of the 2nd Respondent, a church located in Tema. According to the Respondents, the Appellant promised to raise funds for the 2nd Respondent whilst on a projected trip to Korea. Prior to his departure, the Appellant, with the members of the church as participants, produced a video film, which depicted members of the church living in the Ashaiman Community in abject poverty and degradation. The purpose of the video was to curry the sympathy of prospective Korean benefactors and foster their generosity. Upon his return from his Korean trip, the Appellant made an open declaration to the church that the said funds ...