Trustees Of The Church Of The Lord Aladura and Another Vrs Trustees Of Thr Redeemed Church [2023] GHAHC 260 (27 March 2023)

Trustees Of The Church Of The Lord Aladura and Another Vrs Trustees Of Thr Redeemed Church [2023] GHAHC 260 (27 March 2023)

The application for joinder has merit as Sampson Owusu's presence is necessary for effective and complete adjudication of the dispute, and customary law does not require written proof of his status as heir/customary successor.

Citation
[2023] GHAHC 260
Parties
Plaintiff/respondent: Trustees of the Church of the Lord Aladura; Plaintiff/respondent: Prophetess Hilda Aidoo; Defendant/applicant: Trustees of the Redeemed Church of the Lord International
Court
High Court
Jurisdiction
Ghana
Judgment Date
27 March 2023
Procedural Posture
Civil / Ruling on Application for Joinder
Outcome
application for joinder granted
Legal Topics
Joinder of Parties, Customary Law, Land Ownership
Source Language
English
Civil Procedure Joinder of Parties Customary Law Land Ownership

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Parties

Trustees of the Church of the Lord Aladura

Plaintiff/respondent

Prophetess Hilda Aidoo

Plaintiff/respondent

Trustees of the Redeemed Church of the Lord International

Defendant/applicant

Procedural Posture

Civil / Ruling on Application for Joinder

Legal Issues

  1. 1 Whether Sampson Owusu should be joined as 2nd Defendant to ensure effective and complete adjudication of the dispute
  2. 2 Whether sufficient evidence exists that Sampson Owusu is the heir/customary successor of Apostle Solomon Kwaku Krow

Ratio Decidendi

The application for joinder has merit as Sampson Owusu's presence is necessary for effective and complete adjudication of the dispute, and customary law does not require written proof of his status as heir/customary successor.

Court Disposition

application for joinder granted

Orders

  • Sampson Owusu is joined as 2nd Defendant
  • All processes filed so far are to be served on Sampson Owusu