BENYARKO AND OTHERS vs. CENTRAL GHANA CONFERENCE OF SEVENTH DAY ADVENTIST CHURCH

JUDGEMENT Lartey JA. This is a preliminary point raised by the defendants-appellants-applicants (hereinafter referred to as the applicants). On 21 February 2002 the applicants filed a motion for an order to stay execution of this court’s judgment delivered on 17 January 2002, pending the hearing and determination of an appeal to the Supreme Court. The motion for stay came up for hearing on 3 October 2002 whereupon counsel for the applicants, Mr Ntrakwa, raised his preliminary point for the determination of the court. The preliminary point is premised on the issue of capacity of the plaintiffs-respondent-respondents (hereinafter referred to as the respondents). In the words of counsel, “there is no corporate body called the Central Ghana Conference of the Seventh Day Adventist Church” and that being the case, so the argument goes, there is no respondent before this court. Not surprisingly, Mr Asare Bediako, counsel for the respondents, denied that they lacked capacity ...