The Ethiopian Orthodox Tewahedo Church St Mary of Debre Tsion, London, Re

The Ethiopian Orthodox Tewahedo Church St Mary of Debre Tsion, London, Re

The Court held that, as a matter of construction of the CIO Constitution, the Clergy Council may nominate any clergy, not just its own members, for election to the PAC. The Court declined to amend clause 29.4 to alter the definition of Clergy Council, finding the current balance appropriate given the church's history. The election of the Clergy Council on 14 July 2019 was valid; there was insufficient evidence of breach of members' duties, as the test is subjective good faith.

Parties
Claimant: Reverend Berhanu Bisrat; Claimant: Deacon Dereje Debella; Claimant: Deacon Mahader Kassa; Claimant: Deacon Engedawork Gebreegziaber; Claimant: General Hailu Berwak Mirga; Claimant: Mrs Aregash Gebre Kidan; Claimant: Mr Girma Haile-Mariam; Claimant: Mr Shumet Mengistie; Claimant: Mr Meku Getachew; Defendant: Archimandrite Aba Girma Kebede; Defendant: Reverend Abate Gobena; Defendant: Mrs Bethelem Tadesse; Defendant: Reverend Dawit Abebe Worku; Defendant: Mr Abener Amenshowa; Defendant: Mr Dawit Habtemariam; Defendant: Mr Nigussie Asress; Defendant: Archdeacon Dawit Woldetsadik; Defendant: Mr Fasiel Bekle; Defendant: Mr Henok Gebremichael; Defendant: Mr Aschelew Kebede; Defendant: Ms Tigist Tadesse; Defendant: Mr Taye Hailu Zeleke; Defendant: Her Majesty’s Attorney General; Defendant: Mr Mamo Lema; Defendant: Mr Getachew Beshahwred
Jurisdiction
England and Wales
Judgment Date
10 June 2020
Procedural Posture
Civil Charities/trusts / Ruling on Applications for Directions and Amendment of Constitution
Outcome
Applications by Claimants allowed; Defendants' applications dismissed.
Legal Topics
Interpretation of Charitable Constitution, Election of Trustees, Church Governance, Scheme for Amendment of Constitution, Members' Duties in CIO, Validity of Elections
Charity Law Trust Law Ecclesiastical Law Interpretation of Charitable Constitution Election of Trustees Church Governance Scheme for Amendment of Constitution Members' Duties in CIO +1 more

Case Brief

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Parties

Reverend Berhanu Bisrat

Claimant

Deacon Dereje Debella

Claimant

Deacon Mahader Kassa

Claimant

Deacon Engedawork Gebreegziaber

Claimant

General Hailu Berwak Mirga

Claimant

Mrs Aregash Gebre Kidan

Claimant

Mr Girma Haile-Mariam

Claimant

Mr Shumet Mengistie

Claimant

Mr Meku Getachew

Claimant

Archimandrite Aba Girma Kebede

Defendant

Reverend Abate Gobena

Defendant

Mrs Bethelem Tadesse

Defendant

Reverend Dawit Abebe Worku

Defendant

Mr Abener Amenshowa

Defendant

Mr Dawit Habtemariam

Defendant

Mr Nigussie Asress

Defendant

Archdeacon Dawit Woldetsadik

Defendant

Mr Fasiel Bekle

Defendant

Mr Henok Gebremichael

Defendant

Mr Aschelew Kebede

Defendant

Ms Tigist Tadesse

Defendant

Mr Taye Hailu Zeleke

Defendant

Her Majesty’s Attorney General

Defendant

Mr Mamo Lema

Defendant

Mr Getachew Beshahwred

Defendant

Procedural Posture

Civil Charities/trusts / Ruling on Applications for Directions and Amendment of Constitution

Legal Issues

  1. 1 Whether nominations to the PAC by the Clergy Council are limited to its members or extend to all clergy
  2. 2 Whether clause 29.4 of the CIO Constitution should be amended to alter the definition of Clergy Council
  3. 3 Whether the election of the Clergy Council on 14 July 2019 was invalid due to breach of members' duties

Ratio Decidendi

The Court held that, as a matter of construction of the CIO Constitution, the Clergy Council may nominate any clergy, not just its own members, for election to the PAC. The Court declined to amend clause 29.4 to alter the definition of Clergy Council, finding the current balance appropriate given the church's history. The election of the Clergy Council on 14 July 2019 was valid; there was insufficient evidence of breach of members' duties, as the test is subjective good faith.

Court Disposition

Applications by Claimants allowed; Defendants' applications dismissed.

Orders

  • Interim Trustees to give notice convening a further General Assembly pursuant to the 30 April 2018 Order.
  • Interim Trustees to invite nominations for new trustees in accordance with clause 12.6 of the CIO Constitution.