REV. S.O. ANSAH (DEFENDANT/APPELLANT) vs. JAMES YAW ASANTE & 5 ORS (PLAINTIFFS/ RESPONDENTS) [2006]DLCA7484

REV. S.O. ANSAH (DEFENDANT/APPELLANT) vs. JAMES YAW ASANTE & 5 ORS (PLAINTIFFS/... [2006]DLCA7484

Date	2006-07-14
Suit No.	CIVIL APPEAL NO.: H1/5/05
Citation No.	[2006]DLCA7484

AKAMBA JA PRESIDING

OSEI JUSTICE OF APPEAL

MARFUL-SAU JUSTICE OF HIGH COURT.

MR FRANK ADEEKU FOR DEFENDANT/APPELLANT.

MR ROBERT IVAN QUANSAH FOR PLAINTIFF/RESPONDENT.

[2006]DLCA7484
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													<main id="main" class="content" style="min-height: 60rem" >REV. S.O. ANSAH<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>JAMES YAW ASANTE &amp; 5 ORS<o:p></o:p>(PLAINTIFFS/ RESPONDENTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>CIVIL
APPEAL NO.: H1/5/05 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 14TH JULY,2006<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;line-height:
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solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">COUNSEL:<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;line-height:
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FRANK ADEEKU FOR DEFENDANT/APPELLANT.<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;line-height:
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ROBERT IVAN QUANSAH FOR PLAINTIFF/RESPONDENT.<o:p></o:p>

</div>CORAM:<o:p></o:p>AKAMBA
JA PRESIDING, OSEI JUSTICE OF APPEAL, MARFUL-SAU JUSTICE OF HIGH COURT.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>AKAMBA,
J.A. <o:p></o:p>On
the 17th March 2004 the High Court Accra, presided by Yaw Appau J. entered
judgment on all the reliefs claimed by the plaintiffs/respondents (hereinafter
simply referred as plaintiffs) as per their writ of summons. The court also
dismissed the defendant/appellant's (hereinafter simply referred as defendant)
counterclaim. Obviously dissatisfied with this turn of events the defendant
filed a notice of appeal on 19th March 2004 seeking an overturn of the decision
entered against him.<o:p></o:p>&nbsp;The
case for the Plaintiffs <o:p></o:p>The
plaintiffs, six in number, instituted the action at the High Court Accra in a
representative capacity, for themselves and the Ghana Believers Church which
church was founded in 1929 with its headquarters at Odoben in the Central
Region of Ghana. The church in 1980 set up a school known as the Ghana
Believers Church Preparatory and Junior Secondary Schools. The defendant who is
the National Senior Pastor of the church was appointed the Managing Director of
the schools. According to the plaintiff, the school is located on the same land
that the church acquired for its church building. The school also has a board
of governors whilst the defendant in his capacity as the managing director is
responsible for the day to day affairs of the school. The school was registered
with the Registrar General's department with registration No. 21642 under the
name of Ghana Believers Church Preparatory School and was financed from
resources of the church. The plaintiffs contend that with time the defendant
not only conducted himself as if the school was his personal property but that
he also sought to change the name of the school without the consent of the
board of the school hence the action in court. <o:p></o:p>The
case for the defendant. <o:p></o:p>The
defendant for his part states that he is the pastor of the Mpoase branch of the
church and National Senior Pastor of the church as well as the owner and
managing proprietor of the Ghana Believers' Church Preparatory School and
Junior Secondary School. The defendant also states that two adjacent parcels of
land at Mpoase in Dansoman a suburb of Accra belong to him and the church
respectively. Tracing the history of the school, the defendant recounted that
the Ghana Believers Church Preparatory school and Junior Secondary School was
started in a house of the chief of Mpoase, Nii Okluley II. However, since the
church was founded, it had not been popular so the defendant decided to give
the name of the church to the school to popularize the church. According to the
defendant the land on which the school is situated is his self-acquired
property whilst the land on which the church is situated is the property of the
church except that primary 1 to 5 classrooms are also housed on the church's
said land. The defendant also claims that he built the said classrooms from his
own resources. The defendant said he combined the school building with his
residence comprising nine (9) rooms on the 1st floor and nine rooms (9) on the
ground floor with the ground floor rooms serving as offices and classrooms for
the Junior Secondary School. The defendant stated further that he was able to
finance the above undertakings because; apart from his position as Senior
Pastor he dealt in stationary and also worked as an electrical engineer. Aside
of fencing the aforementioned five classrooms, the defendant also built his own
school at Opetekwei which he named New Testament School.<o:p></o:p>&nbsp;After an evaluation of the two divergent
claims of the plaintiff and defendant, the court entered judgment in favour of
the plaintiff on all the reliefs sought together with cost of ten million cedis
(¢10m). The court also dismissed the defendant's counterclaim.<o:p></o:p>&nbsp;The defendant filed the following grounds of
appeal;<o:p></o:p>&nbsp;1. The judgment was against the weight of evidence
<o:p></o:p>2.
The costs awarded were excessive <o:p></o:p>3.
Additional grounds of appeal will be filled on receipt of the record of
proceedings.<o:p></o:p>&nbsp;In the statement of case of the defendant, it
is stated that after the filing of the notice of appeal the defendant also filed
a motion for stay of execution presumably before the trial court and at that
stage, the cost of (¢10m) ten million cedis awarded by the court was halved to
five million cedis (¢5m) which was paid to the plaintiff. Although the parties
appear content with that as evidenced by their silence on the issue of cost in
the statements of case, this court is obliged to deprecate such conduct as not
sanctioned by any rule of procedure or law. The trial court was functus the
moment it pronounced upon and awarded the cost of ten million cedi</main>