LIVING FAITH WORLD OUTREACH CENTRE & ORS v. THE REGISTRAR-GENERAL & ORS

ASIEDU JSC:-

INTRODUCTION:

(1). This appeal emanates from a judgment delivered by the Court of Appeal on the 30th November 2020. In the said judgment, the Court of Appeal set aside a judgment delivered by the High Court in favour of the Defendants therein on the 28th July 2017. The judgment of the High Court was in respect of two suits that were consolidated, heard together and on which one composite judgment was delivered by the High Court in respect of the consolidated suits. The Court of Appeal, like the High Court, also delivered one composite judgment on the consolidated suits. By the established practice of the Courts, where there is a consolidation of suits, the consolidation is only for the purpose of the adduction of evidence but when it comes to judgment, the court is required to deliver separate judgments using the evidence adduced. However, in this case, the fact that a composite judgment was delivered by the Court of Appeal, is not a subject of the appeal against the judgment of the Court of Appeal. In the circumstances, we will deal with all the relevant issues and grounds of appeal in one composite judgment with due regard to the respective but relevant issues raised before the trial High Court in each of the suits consolidated and heard together. In this regard, the Plaintiffs/Appellants/Respondents will retain their designation before the trial High Court as the Plaintiffs whiles the Defendants/Respondents/Appellants, with the exception of the 9th Defendant/Appellant/Respondent, maintain their designation as Defendants before the trial High Court. In view of their peculiar circumstances and, considering the fact that the 9th Defendant shares the same position with respect to the relevant issues herein, the 9th Defendant will, in this judgment, be subsumed under and as part of the Plaintiffs herein.

(2)RELIEFS & GROUNDS OF APPEAL:

The Defendants seek essentially two reliefs from this court in respect of their appeal as follows: (i) That the judgment of the Court of Appeal, Accra dated 30th November 2020 allowing the appeal by the Plaintiffs/Appellants/Respondents, the Consequential orders made and the Costs awarded be set aside. (ii)That an order be made restoring the judgment of the trial High Court in favour of the Defendants/Respondents/Appellants. These reliefs sought by the Defendants are premised on six grounds of appeal which the Defendants have stated in their notice of appeal as follows:

(a)The judgment of the Court of Appeal