INTERIM EXECUTIVE COMMITTEE OF THE APOSTOLIC DIVINE CHURCH OF GHANA vs. INTERIM EXECUTIVE COUNCIL AND OTHERS

The plaintiff-applicants, the Interim Executive Committee of the Apostolic Divine Church of Ghana, sought declarations that the purported revocation and dissolution of their committee and the emergency delegates' conference held on 7 August 1982 were null and void. They applied for an interim injunction to restrain the defendants, who formed a rival Interim Executive Council, from managing the church's affairs. The defendants contended that the plaintiff committee lacked legal personality and capacity to sue, and that the defendants had lawfully taken over after the dissolution of the plaintiff committee in 1982. The dispute arose from internal church conflicts and alleged unauthorized meetings and appointments by the defendants.

JUDGMENT OF ASARE-KWAPONG J. In this case, the plaintiff-applicants are claiming against the defendant-respondents a declaration that the purported revocation and dissolution or both of the interim executive committee of the Apostolic Divine Church of Ghana is null and void and of no effect. They further asked for a declaration, among other reliefs, that the emergency delegates’ conference held at Takorawase on 7 August 1982 was unauthorised and should be declared null and void. To establish the status quo ante, the plaintiff-applicants (hereinafter called and referred to as the plaintiffs) applied to this court for an interim injunction restraining the defendant-respondents (hereinafter called and referred to as the defendants), from carrying out any functions and/or undertaking to administer and manage the affairs of the Apostolic Divine Church and/or usurping the rights and functions of the plaintiffs, the supreme governing body of the church. The motion was accompanied by an a.....