GATEWAY WORSHIP CENTRE vs. DAVID SOON BOON SEO [2009]DLSC4445

Date	2009-01-21
Suit No.	CIVIL APPEAL NO: J4/12/2008
Citation No.	[2009]DLSC4445

AKUFFO J.S.C (PRESIDING)

DATE-BAH J.S.C.

ADINYIRA (MRS) J.S.C.

OWUSU J.S.C

DOTSE J.S.C.

JAMES AHENKORAH FOR THE APPELLANT WITH GEORGE AMAGYEI.

CHARLES MBEAH FOR THE RESPONDENTS.

[2009]DLSC4445
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													<main id="main" class="content" style="min-height: 60rem" >GATEWAY WORSHIP CENTRE<o:p></o:p>(RESPONDENT)<o:p></o:p>vs.<o:p></o:p>DAVID SOON BOON SEO<o:p></o:p>(APPELLANT)<o:p></o:p><o:p>&nbsp;</o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO:&nbsp;
J4/12/2008&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: 21ST JANUARY, 2009<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JAMES AHENKORAH FOR THE
APPELLANT WITH GEORGE AMAGYEI.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CHARLES
MBEAH FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AKUFFO
J.S.C (PRESIDING), DATE-BAH J.S.C., ADINYIRA (MRS) J.S.C., OWUSU J.S.C, DOTSE
J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>AKUFFO, JSC:<o:p></o:p>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.&nbsp; <o:p></o:p>Brief Background<o:p></o:p>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 had been so raised from a benefactor. The Appellant, however,
did not disclose the quantum of the monies he had collected; nor did he hand
over any such fund to the respondent church, but retained the same in his own
bank account. He then used part of it to acquire the land in dispute herein.
Subsequently, the pastor of the church, Ben Adjei, together with the church,
acting by its trustees, sued the Appellant in the Circuit Court for a declaration
of title to the land in dispute, recovery of possession, perpetual injunction,
an order for accounts and other orders. The Circuit Court granted to the Respondents
the reliefs claimed, except the one for accounts. The Appellant, thereupon, appealed
to the Court of Appeal upon the sole ground that the judgement was against the
weight of the evidence. The Court of Appeal affirmed the decision of the
Circuit Court, and dismissed the appeal. The Appellant then appealed to this
court upon no less than 8 grounds which for the sake of brevity may be summed
up as follows:-<o:p></o:p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Taking into account the claim and
evidence in the matter, the 1st Respondent herein had no locus
standi in the suit and should have been struck out as a party thereto.<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the reliefs sought by the
respondents in their suit against the Appellant ‘involved the application of
principles of trusts or equity’, the Circuit Court had no jurisdiction to
entertain the claim.<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The claim against the Appellant was a
claim by a volunteer to enforce a promise to make a gift and, therefore, could
not be maintained.<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; To the extent that the promised gift
related to funds not in the possession of the Appellant at the time of the
promise, the promise was one to give non-existent future property and,
therefore, unenforceable. <o:p></o:p>e.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the promise did not quantify how
much money was to be raised for the 2nd Respondent, it was void for
uncertainty and, therefore, unenforceable.<o:p></o:p>f.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the defence was that the money
raised was for general missionary work in Ghana, the trial and appellate courts
err</main>