[1991]DLSC2289 • January 29, 1991 • Supreme Court •
PRACTICE NOTE: REPUBLIC vs. HIGH COURT, HO; EX PARTE EVANGELICAL PRESBYTERIAN CHURCH, GHANA (E P CHURCH) AND OTHERS
The Evangelical Presbyterian Church and the Right Reverend Professor N K Dzobo, Moderator, filed an application seeking the Supreme Court's supervisory jurisdiction to quash a ruling of the High Court, Ho, which temporarily restrained the applicants from excommunicating plaintiffs, banning bible study and prayer fellowships, and transferring or dismissing pastors supporting the plaintiffs. The application was supported by affidavits and exhibits and served on the respondents, who filed an affidavit in opposition and a preliminary objection claiming procedural non-compliance by the applicants.
read moreAdade Ag CJ delivered the judgment of the court. On 4 November 1990 the applicants, Evangelical Presbyterian Church and the Right Reverend Professor N K Dzobo (Moderator), filed an application asking this court, in the exercise of its supervisory jurisdiction, to bring up and quash the ruling of the High Court, Ho, dated 18 October 1990, in trans suit No 1/89, by which the said High Court restrained the applicants (ie, the defendants in this suit) temporarily and pending the hearing and final determination of the said transferred suit, from: (i) “Ex-communicating the plaintiffs herein from the first defendant church. (ii) Banning the bible study and prayer fellowship of the various branches of the first defendant church of which the plaintiffs are members from operating. (iii) Transferring, suspending or dismissing pastors of the fist defendant church, especially those who have thrown their weight behind the plaintiffs herein.” The motion was accompanied by, as usual, an affi...