WHITE CROSS SOCIETY LTD. v. JORDAN-NU WHITE CROSS MISSION LTD.

DENNIS ADJEI,J.A:

The matter before the High Court which culminated in this appeal was about which of the religious factions in this suit was entitled to ownership to 41 acre of land at Vakpo Adomi. Both parties were ad idem that the land was acquired by White Cross Society but the bone of contention was which of the two groups was the successor to White Cross Society.

The Defendant in its statement of defense raised the issue of estoppels per rem judicatam on the basis that there was an earlier suit titled “The Registered Trustees of the White Cross Society Yordanu, with Suit No. C.S. 19/90” which the High Court Ho, held that the Plaintiff was a dissented group from the original white Cross Society and lacked capacity to sue. The Court further held that the Defendant is the true successor to the White Cross Society. The Plaintiff did not appeal against the judgment of the High Court delivered on 27th January, 1992. The High Court relied on the celebrated case of Free Church of Scotland (General) Assembly of God vs. Overturn (Lord) (1904) AC 515 HL held that the Plaintiff, the dissenter who broke away from a church or other charitable institution cannot in the absence of any provision in the church’s constitution to the contrary inherit or benefit from the properties acquired by the mother church. The dissenters have two options either to remain in the mother church and bring an action to right the wrong in the church or break away and lose capacity to maintain an action against the mother church to claim any of its properties unless the constitution of the Church provides otherwise.

The Trial High Court Judge in the instant appeal set down issue 1 (a) for legal argument to enable him to determine whether or not the earlier High Court Suit would operate as an estoppel against the Plaintiff.

The Trial High Court Judge heard both parties and delivered his ruling on 25th July,2012. The thrust of the ruling was that the Plaintiff’s Suit was dismissed on the grounds that the earlier High Court suit operated as an estoppel.

The Plaintiff dissatisfied with the ruling delivered by the Trial High Court on 25th July, 2012 filed an interlocutory appeal against same on 8th August,2012.

There is only one ground of appeal and it is as follows:

“That the learned Trial Judge erred in law by upholding the pleas of estoppels in the suit entitled: “the Registered Trustees of the White Cross Society vs. Winfred Kudier, Suit C.S. 19/90, High Court, Ho dated 27th day of