MICAIAH ADDAI VS ELDER ENOCH OFORI JNR. & ORS

KULENDI JSC: -

INTRODUCTION:

We have before us, an application for stay of execution of a judgment of the Court of Appeal dated 28th April, 2022 pending the final determination of an appeal lodged against the said judgment consequent upon a notice of appeal filed on 14th July, 2022. The substantive appeal from which the instant application arises, turns on an issue of succession to the leadership of the Association of Seventh Day Pentecostal Assemblies, a religious group, upon the death of its president.

The contention is between the Defendant/Respondent/Appellant/Applicant (hereinafter referred to as “the Applicant”) and the 1st Plaintiff/Appellant/Respondent/Respondent (hereinafter called “the Respondent”), who are the nephew and son, respectively, of the deceased president.

When the parties and their counsel appeared before us for the hearing of the Application for Stay of Execution, this Court gave them an opportunity to attempt a settlement since the parties are family but the attempts at amicable settlement were unsuccessful, hence they returned to court for a determination of the application on its merits.

BACKGROUND: The circumstances that occasioned this application for a stay of the execution of the judgment of the Court of Appeal are that: The Parties are members of the Association of Seventh Day Pentecostal Assemblies.

Upon the death of the president of the Assemblies, a tussle for leadership ensued between the Applicant and the 1st Respondent.

This leadership tussle resulted in suit before the High Court which was amicably settled and the terms of settlement filed and adopted as a consent judgment.

Under the consent judgment dated 15th May, 2009, the Applicant was to act as the president of the Assemblies pending an election of a new president in accordance with the Constitution of the Assemblies.

However, as at January, 2012, no elections were held to elect the president of the Assemblies.

Consequently, the Respondents instituted a fresh action seeking among other reliefs, a declaration that the Applicant is not President of the Association.

The High Court dismissed the Respondents suit but the Court of Appeal set aside the High Court judgment and ordered the Applicant to “convene a General Meeting of all the constituent Assemblies of the Association in Ghana within Six months from the date from of [the] judgment to elect a new president in accordance with the Constitution of the Seventh Day Pentecostal Assemblies” as was initial