INTERIM EXECUTIVE COMMITTEE OF THE APOSTOLIC DIVINE CHURCH OF GHANA v. INTERIM EXECUTIVE COUNCIL AND OTHERS
1984
HIGH COURT
GHANA
CORAM
- ASARE-KWAPONG J
Areas of Law
- Administrative Law
- Civil Procedure
- Equity and Trusts
1984
HIGH COURT
GHANA
CORAM
AI Generated Summary
ASARE-KWAPONG J of the High Court considered an application by the interim executive committee of the Apostolic Divine Church of Ghana to restrain an interim executive council formed at an emergency delegates’ conference on 7 August 1982 in Takorawase. Plaintiffs alleged defections, division, and risk of conflict, and sought an interim injunction to preserve the status quo. Defendants contested the committee’s legal capacity and invoked an earlier High Court injunction involving Apostle Charles Duodu. The court held the plaintiffs had locus standi, relying on persuasive authorities, including de Smith and London County Council v South Metropolitan Gas Co, and the Ghana Court of Appeal decision in Mackenzie v Yeboah. It found the 7 August meeting was called by an unauthorized person, violated audi alteram partem, and its decisions—including appointment of a nine-member council and issuance of letters—were null. Disregarding the prior injunction, the court granted the motion and restrained the defendants from administering the church.
JUDGMENT OF ASARE-KWAPONG J.
In this case, the plaintiff-applicants are claiming against the defendant-respondents a declaration that the purported revocation and dissolution or both of the interim executive committee of the Apostolic Divine Church of Ghana is null and void and of no effect. They further asked for a declaration, among other reliefs, that the emergency delegates' conference held at Takorawase on 7 August 1982 was unauthorised and should be declared null and void. To establish the status quo ante, the plaintiff-applicants (hereinafter called and referred to as the plaintiffs) applied to this court for an interim injunction restraining the defendant-respondents (hereinafter called and referred to as the defendants), from carrying out any functions and/or undertaking to administer and manage the affairs of the Apostolic Divine Church and/or usurping the rights and functions of the plaintiffs, the supreme governing body of the church. The motion was accompanied by an affidavit sworn to by the secretary of the plaintiffs.
Paragraph 2 of the affidavit stated that on or about 30 January 1984 the plaintiffs filed a writ of summons against the defendants claiming as per the writ of summons. Paragraph 4 stated that some of the defendants defected from the plaintiff committee without assigning any reasons for their resignation to form the interim executive council to bring a split and/or division in the church. Paragraph 5 alleged that the action of the defendants had caused ill-feeling and dissatisfaction in the church and tempers have soared so high that if the defendants are not restrained their behaviour may result in a great conflict and breach of the peace.
The defendants resisted the plaintiffs' claim and stated that the plaintiffs had no legal personality and therefore lacked the capacity to bring this action. In paragraph 5 of their statement of defence, the defendants stated that since the interim executive committee elected on 19 April 1980 was dissolved on 7 August 1982, there had not been any ill-feeling or dissatisfaction among the members of the church to justify an injunction being granted against the defendants. They claimed that on 4 March 1983 the High Court, Accra granted an interim injunction against Apostle Charles Duodu, spiritual head-chairman, his servants and agents from doing certain specified acts in suit No 73/82. It was further stated in paragraph 7 of their statement of defence that the injunction granted by the High