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(2009) JELR 68468 (SC)

Supreme Court 21 Jan 2009 Ghana
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- The Supreme Court of Ghana affirmed the Circuit Court’s jurisdiction to apply both common law and equitable (including trust) principles in matters involving land, holding that all Ghanaian courts are courts of law and equity by virtue of

Case Details

Suit Number:CIVIL APPEAL NO: J4/12/2008
Judges:AKUFFO J.S.C (PRESIDING), DATE-BAH J.S.C., ADINYIRA (MRS) J.S.C., OWUSU J.S.C, DOTSE J.S.C.
Counsel:JAMES AHENKORAH FOR THE APPELLANT WITH GEORGE AMAGYEI; CHARLES MBEAH FOR THE RESPONDENTS.
Other Citations:(2009) JELR 67036 (SC), (2009) JELR 68469 (SC), (2009) JELR 92135 (SC)

JUDGMENT

AKUFFO, 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 …

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