GATEWAY WORSHIP CENTRE V. DAVID SOON BOON SEO
(2009) JELR 68468 (SC)
Supreme Court
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CIVIL APPEAL NO: J4/12/2008
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21 Jan 2009
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Ghana
Coram
AKUFFO J.S.C (PRESIDING), DATE-BAH J.S.C., ADINYIRA (MRS) J.S.C., OWUSU J.S.C, DOTSE J.S.C.
Appearances
JAMES AHENKORAH FOR THE APPELLANT WITH GEORGE AMAGYEI; CHARLES MBEAH FOR THE RESPONDENTS.
Judgement
<h3>JUDGMENT</h3><p><strong>AKUFFO, JSC.</strong></p><p>This is an appeal from the judgment of the Court of Appeal dated 9<sup>th</sup> December, 2005, which upheld a judgment of the Circuit Court dated 8<sup>th</sup> December, 2003 in favour of the Respondents herein.</p><p><em>Brief Background</em></p><p>The Appellant is a missionary of Korean nationality and was at all material times resident in the Tema Metropolitan area. The 1<sup>st</sup> Respondent is the Pastor of the 2<sup>nd</sup> Respondent, a church located in Tema. According to the Respondents, the Appellant promised to raise funds for the 2<sup>nd</sup> 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 …</p>