THE BOARD OF TRUSTEES, PENTECOSTAL CHRIST IS THE ANSWER CHURCH V. MR. BENJAMIN OTWEY & SIX OTHERS
(2011) JELR 66102 (CA)
Court of Appeal
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CIVIL APPEAL NO. H1/43/2011
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25 Nov 2011
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Ghana
Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.
Judgement
<p><strong>F.G. KORBIEH, J.A.</strong></p><p>This is an appeal against the ruling of the Sunyani High Court presided over by Beresford Acquah, J which refused to grant an order of interim injunction brought by the plaintiff/applicant (hereinafter referred to as the appellant) against the defendants/respondents (hereinafter referred to as the respondents). The brief facts of the case leading to this appeal are as follows. The appellant is a Christian denominational church registered under the laws of Ghana as a company limited by guarantee. The respondents are self-confessed break-away members of the appellant/church. On the 11/1/2010 the appellant issued a writ of summons against the respondents on which were endorsed the following reliefs:</p><p>a) A declaration that building Plot No. 6, Block P, Drobo, with a church building thereon, is the property of the appellant/church.</p><p>b) A declaration that by breaking away from the appellant’s ministry or church to form a rival body/church, the respondents had, by operation of …</p>