SAVIOUR CHURCH OF GHANA vs. ABRAHAM KWAKU ADUSEI, JACOB ASIRIFI SNR, ENOCH OFORI, SETH DWUMFOUR AND DANIEL MENSAH REGISTERED TRUSTEES OF SAVIOUR CHURCH OF GHANA

The plaintiff, a religious body incorporated as a company limited by guarantee on 6th February 2007, claimed to be the only legal entity recognized by Ghanaian law to run churches under the name 'Saviour Church of Ghana'. The defendants, registered trustees of the original Saviour Church of Ghana founded in 1924 with headquarters at Osiem, contended that the plaintiff's registration was fraudulent and that they were the true church leadership. The dispute arose from a schism where the plaintiff's directors were expelled from the defendants' church and subsequently registered a separate entity under the contested name, leading to allegations of illegal use of the church name and property.

AGBEVOR, J.A. The instant appeal by the Defendant/Appellants is against the judgment of the High Court dated the 7th day of November, 2018 dismissing the case of the Defendant/Appellants. Being dissatisfied with the said judgment, the Defendant/Appellants filed this notice of appeal which appears on pages 474 - 476 of the Record of Appeal as:- a) The judgment is against the weight of the evidence on record b) The learned judge erred when he entered judgment in favour of the plaintiff/respondent despite the clear and more compelling evidence led by the defendants/appellants. c) The learned trial judge erred when he totally ignored the import and ratio in the judgment of Gbadegbe JA (as he then was) in Suit No. FTHR 13/2001 (Exhibit 5) which was affirmed by the Court of Appeal in Civil Appeal No. H1/30/2004 (Exhibit 6) and went ahead to hold that the “plaintiff is the only legal entity by that name which is permitted by law to run churches and do spiritual activities”. d) The l...