Musam Disco Christo Church and Others Vrs Prophet Jehu-appiah and Another [2015] GHASC 108 (11 November 2015)

Musam Disco Christo Church and Others Vrs Prophet Jehu-appiah and Another [2015] GHASC 108 (11 November 2015)

The Supreme Court held that the plaintiff church had capacity to sue through its representatives, the removal of the defendant as Akaboha was lawful under the church's constitution interpreted purposively, the rules of natural justice were observed, internal mechanisms were followed, and the findings of fact were supported by evidence. The appeal was dismissed in its entirety.

Citation
[2015] GHASC 108
Parties
Plaintiff/respondent: Musama Disco Christo Church (per Rev. Jeresim Offa Jehu-Appiah and Rev. James Kinakosa Addae, substituted by Rev. Jimatona Emmanuel Kobina Mensah and Rev. John Kodakeen Kwawo Bagyina); Defendant/appellant: Prophet Miritaiah Jona Jehu-Appiah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 November 2015
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Capacity to Sue, Removal of Church Leader, Interpretation of Church Constitution, Rules of Natural Justice, Corporate Personality, Internal Dispute Resolution
Source Language
English
Ecclesiastical Law Company Law Evidence Natural Justice Capacity to Sue Removal of Church Leader Interpretation of Church Constitution Rules of Natural Justice +2 more

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Parties

Musama Disco Christo Church (per Rev. Jeresim Offa Jehu-Appiah and Rev. James Kinakosa Addae, substituted by Rev. Jimatona Emmanuel Kobina Mensah and Rev. John Kodakeen Kwawo Bagyina)

Plaintiff/respondent

Prophet Miritaiah Jona Jehu-Appiah

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the plaintiff church had capacity to institute the action
  2. 2 Whether the defendant could be lawfully removed from office as Akaboha
  3. 3 Whether the rules of natural justice were complied with

Ratio Decidendi

The Supreme Court held that the plaintiff church had capacity to sue through its representatives, the removal of the defendant as Akaboha was lawful under the church's constitution interpreted purposively, the rules of natural justice were observed, internal mechanisms were followed, and the findings of fact were supported by evidence. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

  • Defendant's removal from office as Akaboha upheld
  • Plaintiff church's claims and reliefs confirmed