BENYARKO v. MENSAH

Pastor Antwi Benyarko commenced proceedings at Dunkwa-on-Offin against S. K. Newlove Mensah, the Seventh Day Adventist Church (Dunkwa branch), and J. F. Nyamekye, purporting to sue “for and on behalf of the Church of Christ Mission.” On the eve of trial he sought leave to amend the suit to proceed “for and on behalf of the trustees of Church of Christ,” asserting that Church of Christ is registered under the Trustees (Incorporation) Act, 1962 (Act 106). The second and third defendants’ counsel argued that the original plaintiff, “Church of Christ Mission,” does not exist or is unregistered, so the amendment would substitute a different plaintiff. Benyarko’s counsel acknowledged “Mission” was included by mistake. Applying authorities on legal personality and procedural rules governing parties and amendments, the court held it cannot create a new plaintiff where none exists, that unregistered associations lack capacity to sue, and that agency cannot cure absence of personality. The application to amend was refused and dismissed.