TRUSTEES OF THE SAVIOUR’S CHURCH OF GHANA vs. ESSIEN

JUDGMENT OF TWUMASI J. The applicants herein are members of the Board of Trustees of the Saviour’s Church of Ghana. On 2 February 1983, the trustees caused a writ of summons to be issued against the defendants who purport to be members of the said church. The writ seeks for (a) a declaration that the defendants are not members of the Church; (b) Declaration of title to the headquarters and the church house situate and lying at Essikado Mpeasem on the Sekondi - Cape Coast road; (c) ¢50,000 damages for trespass; and (d) perpetual injunction restraining the defendants, their agents, etc. from interfering with the use by the plaintiffs of the said headquarters and church house of the Saviour’s Church. The applicants simultaneously filed a motion ex parte under Order 52, r. 3 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), praying for: “an order of perpetual injunction restraining the defendants, their agents, etc, from interfering with the plaintiffs’ use ...