Saviour Church Of Ghana Vrs Adusei & 4 Ors [2021] GHASC 186 (24 November 2021)

Saviour Church Of Ghana Vrs Adusei & 4 Ors [2021] GHASC 186 (24 November 2021)

The Supreme Court (majority) held that the registration of the plaintiff as Saviour Church of Ghana was fraudulent, intended to deprive the defendants of their rights previously upheld by superior courts, and that the doctrine of res judicata applied to bar the plaintiff's claims. The High Court and Court of Appeal erred in granting reliefs to the plaintiff, and the registration of the plaintiff was set aside for fraud. The defendants are entitled to an injunction restraining the plaintiff and its associates from holding themselves out as Saviour Church of Ghana.

Citation
[2021] GHASC 186
Parties
Plaintiff/respondent/respondent: Saviour Church of Ghana; Defendant/appellant/appellant: Abraham Kwaku Adusei; Defendant/appellant/appellant: Jacob Asirifi Snr.; Defendant/appellant/appellant: Enoch Ofori; Defendant/appellant/appellant: Seth Dwumfour; Defendant/appellant/appellant: Daniel Mensah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 November 2021
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; judgments of High Court and Court of Appeal set aside; plaintiff's claims dismissed; defendants' counterclaim granted.
Legal Topics
Res Judicata, Fraudulent Registration, Corporate Personality, Contempt of Court, Passing Off, Trustees Incorporation, Freedom of Religion
Source Language
English
Civil Procedure Company Law Religious Law Res Judicata Fraudulent Registration Corporate Personality Contempt of Court Passing Off +2 more

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Parties

Saviour Church of Ghana

Plaintiff/respondent/respondent

Abraham Kwaku Adusei

Defendant/appellant/appellant

Jacob Asirifi Snr.

Defendant/appellant/appellant

Enoch Ofori

Defendant/appellant/appellant

Seth Dwumfour

Defendant/appellant/appellant

Daniel Mensah

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the registration of Saviour Church of Ghana by the plaintiff was fraudulent and void
  2. 2 Whether the doctrine of res judicata applies to bar the plaintiff's claim
  3. 3 Whether the High Court and Court of Appeal erred in granting reliefs to the plaintiff

Ratio Decidendi

The Supreme Court (majority) held that the registration of the plaintiff as Saviour Church of Ghana was fraudulent, intended to deprive the defendants of their rights previously upheld by superior courts, and that the doctrine of res judicata applied to bar the plaintiff's claims. The High Court and Court of Appeal erred in granting reliefs to the plaintiff, and the registration of the plaintiff was set aside for fraud. The defendants are entitled to an injunction restraining the plaintiff and its associates from holding themselves out as Saviour Church of Ghana.

Court Disposition

Appeal allowed; judgments of High Court and Court of Appeal set aside; plaintiff's claims dismissed; defendants' counterclaim granted.

Orders

  • Registration of Saviour Church of Ghana (plaintiff) cancelled and Registrar of Companies ordered to expunge Certificate of Incorporation No G. 19,550 dated 7th February, 2007 on grounds of fraud.
  • Plaintiff, its directors, privies and associates perpetually restrained from holding themselves out as having anything to do with Saviour Church of Ghana, except that defendants may readmit any member on their terms.