EVELYN BALFOUR v. HUSTON KUUNIEYEBB LEBET & ANOR
2019
HIGH COURT
GHANA
CORAM
- His Lordship Eric Kyei Baffoe Esq
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff alleges 1st Defendant defrauded her of GH¢56,000 under the guise of spiritual exorcisms. Following the 1st Defendant’s absconsion, 2nd Defendant guaranteed repayment of GH¢46,000, which was unpaid. Defendants claimed the money was either a gift or extracted under duress. The court found the 1st Defendant liable for the GH¢46,000, determining that the 2nd Defendant’s undertaking was not procured under duress. The Plaintiff’s inability to provide payslips was deemed non-fatal, given the admissions contained in the 2nd Defendant’s undertaking. The court awarded Plaintiff GH¢46,000 plus interest and costs.
JUDGEMENT
In the Hebrew Bible, Jeremiah, nicknamed the weeping Prophet in about 630 B.C. had the occasion to state these words about prophecy which is recorded in Jeremiah 23: 16 that:
“Thus says the Lord of Hosts, hearken not unto the words of the prophets that prophecy unto you. They make you vain, they speak a vision of their own heart, and not out of the mouth of the Lord….21. I have not sent these prophets, yet they ran. I have not spoken to them, yet they prophesied...”
As to whether false prophecy had been uttered by the 1st Defendant and use same to delude Plaintiff to part with her monies is at the heart of this suit.
Plaintiff issued her writ on the 28th March, 2017 against the Defendants claiming the following reliefs:
a. Recovery of an amount of GH¢46,000 being monies owed by the Defendants and guaranteed by the 2nd Defendant from the 30th day of January, 2015 to date of final payment [sic].
b. Interest on the aforesaid sum of GH¢46,000 from January 30th [sic] to date of final payment.
c. Cost,
Plaintiff’s cause of action as she relates in her statement of claim is founded on an alleged faith and trust which she reposed in 1st Defendant as a man of God which 1st Defendant, according to her, took advantage of to defraud her to the tune of Gh¢56,000 out of which Gh¢10,000 has been paid with 2nd Defendant having given an undertaking to pay the rest. And it started with 1st Defendant claim of exorcising evil spirits alleged to having bedeviled her son wherein 1st Defendant succeeded in extorting various sums of monies. That 1st Defendant vacated his house when he completed executing his extortionist agenda in July, 2013 until he was arrested in 2015 where part of the money was paid and 2nd Defendant gave a guarantee to be responsible for the payment of the outstanding Gh¢46,000 which he has failed to abide by.
Defendants traversed the claim of Plaintiff as untrue by stating that whatever monies that changed hands was valid consideration for spiritual interventions made by 1st Defendant before God to avert dangers that portended for Plaintiff and her family in the spiritual realm and the monies were voluntarily given as gifts to a genuine man of God in the exercise of his spiritual gifting but not parted or induced as result of deceit or fraud.
Defendants further respond that any money paid to Plaintiff as well as any document that purport to claim any admission of indebtedness was begotten out of coercion of will, duress and threats f