CHARLES OBENG ANTWI & ORS VS THE REGISTRAR GENERAL
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SOPHIA ROSETTA BERNASKO ESSAH (MRS.)
Areas of Law
- Administrative Law
- Civil Procedure
- Contract Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs, members of the Ghana Believers Church, filed a case against the Registrar General’s Department seeking the rectification of church records to reflect their rightful executive status following a Court of Appeal judgment. Despite the Defendant's failure to file a defense, the Plaintiffs proved their case through evidence, leading to a judgment in their favor. The court ordered the Registrar General's Department to update the records within one month to reflect the duly elected executive members.
Plaintiffs herein commenced the instant action against the Defendant claiming: (a) A declaration that on a true and proper interpretation of the judgment of the Court of Appeal dated 29th day of November 2012, the Plaintiff therein are not members of the Ghana Believers Church.
b) A declaration that on a true and proper interpretation of the judgment of the Court of Appeal dated 29th November 2012 the Plaintiff therein are not the proper persons to be listed as Executive Council Members of the Ghana Believers Church.
c) A declaration that on a true and proper interpretation of the judgment of the court dated 29th November 2012 the Plaintiff are entitled to elect and/ or select the Executive Council of the Ghana Believers Church.
d) An order directed at the Defendant to take the necessary steps to rectify its records to reflect the proper and duly selected Executive Council of the Ghana Believers Church.
e) Any further order(s) as this Honourable Court deems just and equitable.
Plaintiffs allege that they are the National Interim Chairman, Elder, Presiding Elder, Elder and Member respectively of the Ghana Believers Church at Dansoman Accra.
That Defendant is the Administrative head of the Registrar General’s Department, the institution tasked with the registration of Businesses, Industrial Property, Managers and administrators of Estates and Public Trustee among others.
It is Plaintiff’s case that per suit No. MISC 2426/2001 entitled “Prophet Joseph O. Amissah and 4 others Vs. : Charles Obeng Antwi & 5 others.
The Plaintiffs therein caused a Writ of Summons and Statement of Claim to be issued against the Defendant therein (four of the Plaintiff’s herein) seeking the following reliefs.
a) A declaration that the Defendants are no longer members of the church known as Ghana Believers Church.
b) An order restraining the Defendants their servants, agents, privies and assigns from conducting church services in the name of Ghana Believers Church or in any other manner holding themselves out as members of the church.
c) A declaration of title to the parcel of land situate at Mpoase Dansoman, Accra on which the Church Temple stands as well as title to the temple itself.
d) An order of recovery of possession of the said Temple.
e) An order of Perpetual Injunction restraining the Defendants, their servants, agents, privies and assigns from entering upon, occupying, using or in any other manner interfering with the said property.
f) Such other reliefs as