EVELYN BALFOUR vs. HUSTON KUUNIEYEBB LEBET AND AMATUS KUUNYEEH [2019]DLHC6899

Date	2019-07-05
Suit No.	SUIT NO: GJ 441/17
Citation No.	[2019]DLHC6899

HIS LORDSHIP ERIC KYEI BAFFOUR ESQ. JUSTICE OF THE HIGH COURT

[2019]DLHC6899
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													<main id="main" class="content" style="min-height: 60rem" >EVELYN
BALFOUR<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>HUSTON
KUUNIEYEBB LEBET AND AMATUS KUUNYEEH<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT
NO: GJ 441/17&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 5TH JULY, 2019<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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HIS LORDSHIP ERIC KYEI BAFFOUR ESQ. JUSTICE OF THE
HIGH COURT<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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</div>In
the Hebrew Bible, Jeremiah, nicknamed the weeping Prophet in about 630 B.C. had
the occasion to state these words about prophecy which is recorded in Jeremiah
23: 16 that:<o:p></o:p><o:p>&nbsp;</o:p>“Thus says the
Lord of Hosts, hearken not unto the words of the prophets that prophecy unto
you. They make you vain, they speak a vision of their own heart, and not out of
the mouth of the Lord….21. I have not sent these prophets, yet they ran. I have
not spoken to them, yet they prophesied...”<o:p></o:p><o:p>&nbsp;</o:p>As
to whether false prophecy had been uttered by the 1st Defendant and
use same to delude Plaintiff to part with her monies is at the heart of this
suit.<o:p></o:p>Plaintiff
issued her writ on the 28th March, 2017 against the Defendants
claiming the following reliefs:<o:p></o:p><o:p>&nbsp;</o:p><ol style="margin-top:0in" start="1" type="a">
 <li class="MsoNormal" style="text-align: justify; line-height: 115%;">Recovery of an
 amount of Gh¢46,000 being monies owed by the Defendants and guaranteed by
 the 2nd Defendant from the 30th day of January, 2015
 to date of final payment [sic].<o:p></o:p></li>
</ol><o:p>&nbsp;</o:p><ol style="margin-top:0in" start="2" type="a">
 <li class="MsoNormal" style="text-align: justify; line-height: 115%;">Interest on
 the aforesaid sum of Gh¢46,000 from January 30th [sic] to date
 of final payment.<o:p></o:p></li>
</ol><o:p>&nbsp;</o:p><ol style="margin-top:0in" start="3" type="a">
 <li class="MsoNormal" style="text-align: justify; line-height: 115%;">Cost,<o:p></o:p></li>
</ol>Plaintiff’s cause of action as she relates
in her statement of claim is founded on an alleged faith and trust which she
reposed in 1st Defendant as a man of God which 1st
Defendant, according to her, took advantage of to defraud her to the tune of
Gh¢56,000 out of which Gh¢10,000 has been paid with 2nd Defendant
having given an undertaking to pay the rest. And it started with 1st
Defendant claim of exorcising evil spirits alleged to having bedeviled her son
wherein 1st Defendant succeeded in extorting various sums of monies.
That 1st Defendant vacated his house when he completed executing his
extortionist agenda in July, 2013 until he was arrested in 2015 where part of
the money was paid and 2nd Defendant gave a guarantee to be
responsible for the payment of the outstanding Gh¢46,000 which he has failed to
abide by. <o:p></o:p><o:p>&nbsp;</o:p>Defendants traversed the claim of
Plaintiff as untrue by stating that whatever monies that changed hands was
valid consideration for spiritual interventions made by 1st
Defendant before God to avert dangers that portended for Plaintiff and her
family in the spiritual realm and the monies were voluntarily given as gifts to
a genuine man of God in the exercise of his spiritual gifting but not parted or
induced as result of deceit or fraud.<o:p></o:p><o:p>&nbsp;</o:p>Defendants further respond that any money paid
to Plaintiff as well as any document that purport to claim any admission of
indebtedness was begotten out of coercion of will, duress and threats from
Plaintiff working through the airport Police as 1st Defendant was
detained for several days on his landing at the airport from Bangkok where he
is based and it was the purported undertaking extorted from 2nd
Defendant that gave 1st Defendant his freedom and hence that
undertaking is worthless. <o:p></o:p></span</main>