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RULING
The 1st and 3rd Defendants/Applicants herein on the 22nd day of April 2022 brought the instant application to dismiss the suit filed by the Plaintiff/ Respondent on grounds of lack of capacity.
This Court on the 22nd day of December, 2022 dismissed the application as it is without merit and awarded cost of GH¢2,000.00 in favour of the Plaintiff/Respondent against the Defendant/Applicant and I hereby proceed to give reasons for reaching such a decision.
In brief, it is the contention of the 1st and 3rd Defendants/ Applicants (herein after referred to as Applicants) that, the action was commenced in the name of the Registered Trustees of the Apostles Revelation Society.
That the suit was accompanied with an application for interlocutory injunction and the affidavit in support of the motion was sworn to and signed by one Dickson Owusu Abrokwa.
It is Applicant’s contention that the said Dickson Owusu Abrokwa is not a member of the Registered Trustees of the Apostles Revelation Society and cannot purport to commence the action in the name of the Registered Trustees.
The constitution of the church was attached to the Application marked as Exhibit SA’1’ and the first Trustees whose names are captured in the constitution of the Church are Charles Kobla Nutornutsi Wovenu, Henry Dah Klutse, Mathew Akunor, Nana Kwame Gyebi, Harry Grunistzky, Andrew Cephas Renner, Lawrence Yao Nyuiemedi, Yao Boahene and Daniel Yao Osei.
That by a letter dated 5th July 2017 signed by the Director, Land Registration Division of the Lands Commission Accra, Togbe Azadagli Dededo I, Samuel Kenneth Agbenu, Nana Tabiri Ampem Kyeremeh I, Prof. John Bright Kobla Aheto, Christian K. Nyafepe, Torgbi Dukli, Attipoe V, Kofi H. Wovenu and Apostle Albert Nii Tehn Addy were accepted into the records of the Lands Commission as Registered Trustees of the Apostles Revelation Society. The said letter attached and marked as Exhibit SA’2’.
The Applicants also attached to the affidavit in support of the motion, the Thursday 17th May, 2018 Edition of the Ghanaian Times newspaper which carried out a story on the new Registered Trustees of the church marked Exhibit SA’3’.
The Applicants contended that the said Dickson Owusu Abrokwa is a member of the church who has always engaged on a frolic of his own and has made it a habit to cause confusion and embarrassment to the church.
That the said Dickson Owusu Abrokwa has consistently been harassing members of the church through frivolous and vexatious cond