[2011]DLCA3494 • November 25, 2011 • Court of Appeal
THE BOARD OF TRUSTEES, PENTECOSTAL CHRIST IS THE ANSWER CHURCH vs. MR. BENJAMIN OTWEY & SIX OTHERS
F.G. KORBIEH, J.A. This is an appeal against the ruling of the Sunyani High Court presided over by Beresford Acquah, J which refused to grant an order of interim injunction brought by the plaintiff/applicant (hereinafter referred to as the appellant) against the defendants/respondents (hereinafter referred to as the respondents). The brief facts of the case leading to this appeal are as follows. The appellant is a Christian denominational church registered under the laws of Ghana as a company limited by guarantee. The respondents are self-confessed break-away members of the appellant/church. On the 11/1/2010 the appellant issued a writ of summons against the respondents on which were endorsed the following reliefs: a) A declaration that building Plot No. 6, Block P, Drobo, with a church building thereon, is the property of the appellant/church. b) A declaration that by breaking away from the appellant’s ministry or church to form a rival body/church, the respondents had, by oper.....