NEW FOUNTAIN MINISTRY v. JAMES OSEI BONSU
March 3, 2010
COURT OF APPEAL
GHANA
CORAM
- MRS. HENRIETTA ABBAN, JA (PRESIDING)
- MR. K. A. ACQUAYE, JA
- MR. E. K. AYEBI, JA
Areas of Law
- Civil Procedure
- Equity and Trusts
- Property and Real Estate Law
March 3, 2010
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal of Ghana, per E. K. Ayebi, JA, affirmed a High Court (Tema) interlocutory order granting both prohibitory and mandatory injunctions in a dispute over church and school premises at Dome, Accra. New Fountain Ministries International (Ghana) had acquired and developed the land, with construction financed by Rev. Christian Lee, and appointed the defendant pastor to lead the church and oversee the school, paying him monthly allowances through Mr. Park. A lease named the plaintiff as lessee, executed by the defendant as the plaintiff’s pastor. In 2006, the defendant closed the school, converted it into rental accommodation, and rebranded the church “New Lightening Ministries,” using the auditorium for his own congregation and leaving about 250 plaintiff members without a worship space. Applying Order 25 r.1(1) and Halsbury’s principles, and citing Shepherd Homes and Redland Bricks, the court held the facts unusually strong, found injury to the plaintiff’s rights, required restoration to the status quo ante, confirmed the order’s precision, and dismissed the appeal.
This appeal is against the ruling of the High Court, Tema, dated 18th April 2007. In that ruling, the court granted the plaintiff/respondent’s (herein after called plaintiff) prayer for both an Order of Interlocutory Prohibitory and Mandatory Injunctions respectively against the defendant/appellant (herein after called defendant).
The plaintiff grounded the application for the grant of the equitable reliefs on the following matters:
The plaintiff is a Christian religious body with its head office at Tema. In order to spread the gospel, it acquired a piece of land at Dome, a suburb of Accra on which it built a church house and a school. Defendant, one of its pastors, was made the head of the church as well as the overseer of the school at Dome. Defendant is paid a monthly salary by plaintiff.
According to the plaintiff, the name of the school, NEW FOUNTAIN ACADEMY and of the church, NEW FOUNTAIN MINISTRY were written on both buildings. But defendant without reference to it, closed down the school and was converting the building into a private accommodation for rental purposes. The defendant has also established a new church called NEW LIGHTENING MINISTRY now boldly written on the church house. It is the case of the plaintiff that the defendant now uses its church auditorium for his own church activities with his seventeen (17) members. As at now, the plaintiff’s members numbering about 250 who have refused to be converted into the defendant’s church have no place of worship at Dome.
The plaintiff asserts that the conduct of the defendant is in total breach of his appointment as a pastor, and an overseer, of its church and school respectively. Hence, the prayer for an Order of Prohibitory and Mandatory Injunction against the defendant.
In the writ of summons itself, the plaintiff claimed the following reliefs:
a. Declaration that the church auditorium built by the plaintiff at Dome, Accra and the school are the properties of the plaintiff.
b. The defendant’s act of taking over the church building of the plaintiff and for the services of his newly established church is wrongful.
c. The defendant’s conduct of closing the church school is also wrongful and a breach of his contract of employment.
d. An order of this honourable court ejecting the defendant and his new congregation from the plaintiff’s church house at Dome, Accra.
e. An order of this honourable court ejecting tenants who have been accommodated at the plaintiff’s school, which is wrongful