Wesleyan Standard Church v. Pastor Dickson Kwame & 6 Ors.
2016
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A. (PRESIDING)
- Sowah, J.A.
- Mensah, J.A.
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
- Contract Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a dispute about land ownership between a registered religious organization, the plaintiff, and several defendants, including its former pastor. The plaintiff claimed to have acquired the plot in 1995 and sought several reliefs, including injunctions against the defendants. The trial court initially ruled against the plaintiff, but upon appeal, the higher court found that the trial judge did not adequately evaluate the evidence or properly consider the legal standings regarding the registration and existence of the churches involved. The appeal was allowed on all grounds, reversing the trial court's judgment and granting the plaintiff the reliefs sought.
SOWAH, (J.A.):
On 5th October 2006, the plaintiff/appellant in this appeal instituted action against the defendants' for the following reliefs:
i. A declaration that the plaintiff is the owner of a plot of land measuring 160ft by 200ft by 180ft situate at Ofoase in Anum on which it has constructed a school.
ii. A declaration that the 1st defendant is no longer a pastor of the plaintiff church by reason of the termination of his appointment on June 1, 2006.
iii. An order of perpetual injunction restraining the 1st defendant from holding himself as a pastor or an employee of the plaintiff and restraining the 2nd 7th defendants from holding themselves out as elders of plaintiff church.
iv. An order of perpetual injunction restraining the defendants from interfering in any way with plaintiffs quite enjoyment of its properties at Anum.
v. An order for the recovery of possession of plaintiffs official residence, its school and other properties at Anum from the defendants.The plaintiffs case was that it is a registered religious organization formerly known as Christian Standard Church with branches in other parts of the country.
It claimed that in 1995 it acquired a plot of land from the Kyidom family of Anum for its Anum branch.
It constructed a school in which the church conducts its services.
The church appointed Pastor Dickson Kwame [1stdefendant/respondent]as its resident pastor whilst the 2nd to 7th defendants/respondents were members of that branch of the church.
According to the plaintiff/appellant, it terminated the appointment of the 1stdefendant/respondent with effect from 1st June 2006 but he refused to vacate his office and the official duty post residence.
The other defendants/respondents also prevented the appellant from recovering possession of properties and gaining access to the appellants school.The defence of the defendants'/respondents was that a church known as the Holy Temple Church existed since 1971 and operated under the leadership of Rev.
Ocran to take care of the church in his absence and Rev.
Ocran changed the name to Christian Standard Church, now Wesleyan Standard Church without informing them.
According to the defendants', it was the elders of the Holy Temple Church led by S.S. Odame, the 3rd defendant who acquired the land on which they held church services and run a school from Nana Nimako Ntow, Head of family.Concerning the appointment and termination of the 1st defendant as pastor, the defendants' stated that it