Saviour Church Of Ghana Vrs Adusei & [2022] GHASC 38 (9 February 2022)

Saviour Church Of Ghana Vrs Adusei & [2022] GHASC 38 (9 February 2022)

The review panel by majority found that the ordinary bench's decision to set aside the concurrent findings of the High Court and Court of Appeal was based on a wrongful evaluation and application of evidence, constituting exceptional circumstances and resulting in a gross miscarriage of justice. The majority held that the requirements for estoppel per rem judicatam were not met, as the applicant was not a party to the previous suits and the necessary documents were not properly tendered. The review was allowed, restoring the judgments of the High Court and Court of Appeal in favour of the applicant and setting aside the ordinary bench's decision.

Citation
[2022] GHASC 38
Parties
Plaintiff/respondent/applicant: Saviour Church of Ghana; Defendant/appellant/respondent: Abraham Kwaku Adusei; Defendant/appellant/respondent: Jacob Asirifi Snr.; Defendant/appellant/respondent: Enoch Ofori; Defendant/appellant/respondent: Seth Dwumfour; Defendant/appellant/respondent: Daniel Mensah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 February 2022
Procedural Posture
Civil Motion (review Application) / Supreme Court Review Ruling
Outcome
Review application allowed by majority (4-3); ordinary bench decision set aside; concurrent judgments of High Court and Court of Appeal restored.
Legal Topics
Review Jurisdiction, Estoppel Per Rem Judicatam, Corporate Personality, Fraud in Registration, Jurisdiction of Supreme Court, Concurrent Findings of Fact
Source Language
English
Civil Procedure Company Law Religious Organizations Law Review Jurisdiction Estoppel Per Rem Judicatam Corporate Personality Fraud in Registration Jurisdiction of Supreme Court +1 more

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Parties

Saviour Church of Ghana

Plaintiff/respondent/applicant

Abraham Kwaku Adusei

Defendant/appellant/respondent

Jacob Asirifi Snr.

Defendant/appellant/respondent

Enoch Ofori

Defendant/appellant/respondent

Seth Dwumfour

Defendant/appellant/respondent

Daniel Mensah

Defendant/appellant/respondent

Procedural Posture

Civil Motion (review Application) / Supreme Court Review Ruling

Legal Issues

  1. 1 Whether exceptional circumstances exist to warrant review of the Supreme Court's ordinary bench decision of 24th November 2021
  2. 2 Whether the majority decision of the ordinary bench erred in setting aside concurrent findings of the High Court and Court of Appeal
  3. 3 Whether the principle of estoppel per rem judicatam was properly applied

Ratio Decidendi

The review panel by majority found that the ordinary bench's decision to set aside the concurrent findings of the High Court and Court of Appeal was based on a wrongful evaluation and application of evidence, constituting exceptional circumstances and resulting in a gross miscarriage of justice. The majority held that the requirements for estoppel per rem judicatam were not met, as the applicant was not a party to the previous suits and the necessary documents were not properly tendered. The review was allowed, restoring the judgments of the High Court and Court of Appeal in favour of the applicant and setting aside the ordinary bench's decision.

Court Disposition

Review application allowed by majority (4-3); ordinary bench decision set aside; concurrent judgments of High Court and Court of Appeal restored.

Orders

  • Judgment of the Supreme Court ordinary bench dated 24th November 2021 and consequential orders set aside.
  • Judgments of the High Court and Court of Appeal in favour of the applicant restored.