THE APOSTLES CONTINUATION CHURCH INTERNATIONAL v. FRANCIS KWASI TEIKU & PENTECOSTAL CHURCH OF APOSTLES
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute between The Apostles Continuation Church International and the Pentecostal Church of the Apostles over the ownership and use of certain properties, including a church building and a 38-seater bus. The Plaintiff sought an interlocutory injunction to restrain the Defendants, arguing that they would suffer irreparable harm if the Defendants continued to use the properties. The court granted the interlocutory injunction, citing previous legal principles and court orders, and restrained the Defendants from using the properties until the case's final determination.
RULING
Permit me to preface this ruling with the words of St. Paul, the Apostle to the Gentiles that:
“Finally, brethren, farewell. Be perfect, be of good comfort,
Be of one mind, and live in peace; and the God of love and peace
Shall be with you.”
2 Corinthians 13: 11 (New Kings Version)
Far cry from this glowing admonition for peace in the church, there is turmoil between The Apostles Continuation Church International and the Pentecostal Church of the Apostles that has culminated in the issuance of a writ by the Plaintiff church. By this application the Plaintiff/Applicant is praying the court for the grant of an order of what he terms as interim injunction to restrain Defendants and their agents and assigns, privies and persons claiming through them from unlawfully taking over what Plaintiff/Applicant claims is its church building at Teshie –Agblezaa, a 38 seater bus with registration number GW 5480 X as well as instruments, drums and rubber chairs and also an order restraining the 2nd Defendant church from operating or using the mentioned properties until the final determination of the suit.
It is not in doubt that in the writ issued by the Plaintiffs the Plaintiffs/Applicants seek for reliefs among which are an order of perpetual injunction restraining the Defendants from holding himself out as the owner of the church building 2nd Defendant is occupying, the 38 seater Mercedes Benz, the musical instruments, drums and chairs and also an order restraining the 1st Defendant from taking control of the vehicle or declaring the church building 2nd Defendant is using as belonging to the 2nd Defendant. This application is intended to prevent the use of the properties by 2nd Defendant under the control of 1st Defendant till the final determination of who has the legal and proprietary rights over them.
In the affidavit that accompanied the application the Applicant through Enoch Pinto claim that the properties in dispute are all the properties of Plaintiff’s church for which the Defendants are laying false claims to them. The deponent further claim that Plaintiff would be inconvenienced if the Defendants were not restrained from the use of the properties. He again depose that Plaintiff would suffer irreparable loss if the Defendants are not restrained and they proceed to dispose off the vehicle as the Defendants intend to do. Again the Applicant claim in paragraph 9 of the affidavit in support that there would be confusion, chaos and anarchy if Defendan