DZOBO V. AGBEBLEWU AND OTHERS
(1990) JELR 65904 (CA)
Court of Appeal
•
14 Mar 1990
•
Ghana
Coram
AMPIAH JA, LAMPTEY JA, ADJABENG JJ.A.
Appearances
OWUSU YEBOA (LED BY NUTSUGAH) FOR THE SECOND DEFENDANT-APPLICANT; N. KUENYEHIA (WITH HIM FIADZIGBE) FOR THE PLAINTIFF-RESPONDENTS.
Judgement
<p>LAMPTEY J.A.: On 18 December 1989, the High Court, Ho (presided over by Amuah J.A. sitting as an additional judge of the High Court) gave judgment in favour of the six plaintiffs against the Evangelical Presbyterian Church of Ghana as the first defendant and the Right Reverend Professor Dzobo as the second defendant. By that judgment the learned trial judge, inter alia, held:</p><p><em>(1). βThat the 1979 Constitution is the only valid constitutional document within the church. </em></p><p><em>(2). That the 1979 Constitution was never amended and that any purported amendment is without effect </em></p><p><em>(3). That the so-called 1980 Constitution is a forged document and must not be considered at all. </em></p><p><em>(4). That the nomination and election of the second defendant for a third term is a nullity and without effect . . .β</em></p><p>(The emphasis is mine.)</p><p>On 19 December 1989, i.e. a day after the said judgment was read, the Evangelical Presbyterian Church and the Right Reverend Professor Dzobo by their solicitors promptly appealed against tβ¦</p>