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ASSEMBLIES OF GOD CHURCH, GHANA v. REV. RANSFORD OBENG _ OTHER

February 3, 2010

SUPREME COURT

CORAM

  • DR. DATE-BAH, JSC (PRESIDING)
  • ADINYIRA (MRS), JSC
  • OWUSU (MS), JSC
  • DOTSE, JSC
  • ANIN YEBOAH, JSC

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Equity and Trusts
  • Property and Real Estate Law

AI Generated Summary

This Supreme Court of Ghana appeal arises from a schism at Calvary Charismatic Centre (CCC) in Kumasi, where the Board led by Rev. Ransford Obeng informed Assemblies of God Church, Ghana (AG) in a November 16–19, 1992 letter that CCC would cease denominational affiliation to pursue a non‑denominational ministry. The record showed CCC was created in 1985 within AG’s structure, used AG logos and sacramental forms, remitted tithes and harvest percentages under AG constitutions, and that Rev. Obeng remained an ordained AG minister holding district and national posts. Applying Section 26 of the Evidence Act, the Court held defendants were estopped from denying AG affiliation. The Court treated cessation as “division” under the local constitution, requiring church property to remain for AG’s General Council, and—with deference to concurrent lower‑court findings—declined to interfere. On capacity, AG’s registration under PNDC L 221 and precedents justified amending capacity on appeal to do substantial justice. The Supreme Court dismissed the appeal and affirmed the High Court’s judgment as varied by the Court of Appeal.