REV. PASTOR SAMPSON ADJEI BERKO vs. MR NYANSA BUAKWA OF HOT AND FOX FM RADIO, FOX FM RADIO, HOT FM RADIO & OTHERS [2020]DLHC11732

REV. PASTOR SAMPSON ADJEI BERKO vs. MR NYANSA BUAKWA OF HOT AND FOX FM RADIO, FO... [2020]DLHC11732

Date	2020-02-11
Suit No.	SUIT NO C12/33/09
Citation No.	[2020]DLHC11732

HIS LORDSHIP JUSTICE FRANCIS OBIRI

JACOB ACQUAH SAMPSON FOR THE PLAINTIFF

SARFO GYAMFI FOR THE 2ND AND 3RD DEFENDANTS

MICHAEL GYANG OWUSU FOR THE 4TH 5TH & 6TH DEFENDANTS

[2020]DLHC11732
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													<main id="main" class="content" style="min-height: 60rem" >REV. PASTOR SAMPSON ADJEI BERKO<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>MR NYANSA BUAKWA OF HOT AND FOX FM RADIO, FOX FM RADIO, HOT FM
RADIO &amp; OTHERS<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SUIT NO C12/33/09&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: 11TH, FEBRUARY 2020<o:p></o:p>

</div>COUNSEL<o:p></o:p>JACOB
ACQUAH SAMPSON FOR THE PLAINTIFF<o:p></o:p>SARFO
GYAMFI FOR THE 2ND AND 3RD DEFENDANTS<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

MICHAEL GYANG OWUSU FOR THE 4TH, 5TH
&amp; 6TH DEFENDANTS<o:p></o:p>

</div>CORAM<o:p></o:p>HIS
LORDSHIP JUSTICE FRANCIS OBIRI<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
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>The plaintiff claimed per
his amended writ of summons filed on 15th March 2019 as follows<o:p></o:p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that the allegations of sexual intercourse
with Mrs. Doris Baah, Madam Mary Ashong (6th Defendant) or the deceased wife of
any person and the theft of money belonging to Glory and Hope Ministries Church
or its membership published jointly and severally by the defendants on several
occasions material to this action are false.<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that the allegation is defamatory and damaging
to the reputation and vocation of the plaintiff.<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order for the plaintiff to recover general damages of
GH¢100,000 from the defendants for the damage to the plaintiff reputation and
vocation.<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order of perpetual injunction restraining the defendants
either by themselves, their agents, workmen, assigns or any person(s) holding
in trust from them from in any manner or from whatsoever, publishing,
republishing, or repeating the published allegations.<o:p></o:p>The defendants resisted the
action.&nbsp;&nbsp; At the close of pleadings, the
following issues were set down for trial.<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th
and the 9th defendants published words to the effect that the plaintiff had
sexual intercourse with Mrs. Doris Baah and Madam Ashong (9th defendant herein)<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not the plaintiff sexually harasses female church
members of Glory and Hope Ministries International Church Kumasi.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not the plaintiff stole money belonging to Glory
and Hope Ministries International Church.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not the defendants are justified in their
publication of the allegations of sexual intercourse and harassment.<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not the plaintiff is entitled to his claim.<o:p></o:p>6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Any other issues raised in the pleadings.<o:p></o:p>Let me say at this point
that initially the defendants were nine in number. However, the plaintiff filed
terms of settlement with three of them namely; Kwabena Asare alias Otsunoko, Mr
Addai Gyarteng of Nyira FM and Nhyira FM Radio. <o:p></o:p>When the matter came up for
hearing, the plaintiff testified under oath and called three witnesses. On the
part of the defendants, it was only the 5th defendant who was originally the
8th defendant and the 4th defendant who was originally 7th defendant who
testified under oath. The 5th defendant did not call any witness. The 4th
defendant called one witness in support of his case.&nbsp; The other defendants did not come to testify
in court. <o:p></o:p>At the conclusion of the
case, counsel for plaintiff filed his address.&nbsp;
The defendants did not file any address. <o:p></o:p>I wish to summarise the
evidence of the parties and their witnesses.&nbsp;
The plaintiff testified as follows;<o:p></o:p>He is a Reverend Minister of
Glory and Hope Ministries International Church at Kotwi near Kumasi.&nbsp; He had been a pastor for 21 years as of 2011
when he testified.&nbsp; He is the founder and
leader of Glory and Hope Ministries International Church.&nbsp;&nbsp; He has other branches of the church at
Minnesota in the United States of America. His church is also affiliated to
other churches in Virginia.&nbsp;&nbsp; He is a
married man. He knows all the defendants in this case. The original 7th, 8th
and 9th defendants who are now 4th, 5th and 6th defendants used to be members
of his church but have ceased to be members since 2008.<o:p></o:p>The plaintiff continued that
on 15th May 2008, the 4th defendant who was the original 7th defendant convened
a meeting of the church elders of which the 4th defendant was one of the church
elders.<o:p></o:p>&nbsp;The plaintiff said he was also present at the
meeting as well as his wife. The 4th defendant stated during the meeting that
he (the plaintiff) has had sexual intercourse with his (that is the 4th
defendant) wife o</main>