Gateway Worship Center Vrs Soon [2009] GHASC 7 (21 January 2009)

Gateway Worship Center Vrs Soon [2009] GHASC 7 (21 January 2009)

The Circuit Court had jurisdiction to apply equitable principles and determine the trust issue; the appellant held the funds and land on a constructive trust for the church; the trust was completely constituted and enforceable by the church, even as a volunteer; the first respondent (pastor) was not a proper party and was struck out.

Citation
[2009] GHASC 7
Parties
Respondent: Gateway Worship Centre; Appellant: David Soon Boon Seo; Respondent (struck Out): Ben Adjei
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 January 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed except as to striking out the first respondent as a party.
Legal Topics
Constructive Trust, Fiduciary Duty, Jurisdiction, Locus Standi, Company Law
Source Language
English
Equity Trusts Land Law Civil Procedure Constructive Trust Fiduciary Duty Jurisdiction Locus Standi +1 more

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Parties

Gateway Worship Centre

Respondent

David Soon Boon Seo

Appellant

Ben Adjei

Respondent (struck Out)

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Circuit Court had jurisdiction to apply principles of trusts and equity in land matters
  2. 2 Whether the first respondent had locus standi
  3. 3 Whether the appellant held the funds and land on trust for the church

Ratio Decidendi

The Circuit Court had jurisdiction to apply equitable principles and determine the trust issue; the appellant held the funds and land on a constructive trust for the church; the trust was completely constituted and enforceable by the church, even as a volunteer; the first respondent (pastor) was not a proper party and was struck out.

Court Disposition

Appeal dismissed except as to striking out the first respondent as a party.

Orders

  • First respondent (pastor) struck out as a party; he ceases to be a party to the action.
  • Judgment of the Court of Appeal upheld; reliefs granted to the church (2nd respondent) maintained.