JUDGEMENT
Sophia A. B. Akuffo, J.S.C.:
On 16th October 2007, this Court unanimously allowed the Appellant’s appeal herein and reserved its reasons for delivery today. The reasons for our judgment are as follows:-
Background
The genesis of this appeal is that, sometime in or about the year 2002, the Respondent, who is the Pastor of a Church known as the Bethel Praise Ministries International, sold to the Appellant a piece of land situate at McCarthy Hill, Accra. No formal documents were executed evidencing the sale but the fact of the sale is not disputed by either party. The Appellant made a down-payment of ¢120,000,000.00, in respect of which the Respondent issued to him a receipt dated 8th January 2002. According to the Appellant, very shortly after making the said payment, he discovered that the Respondent had previously sold the same piece of land to another person, Construction Pioneers Company Limited. He, therefore, demanded a refund of the said down-payment, less ¢20,000,000.00, …