[2020]DLHC9239March 27, 2020High Court

DAVID AGYEKUM OFFEI vs. APOSTLE EBENEZER BOAHEN, MADAM ROSINA ARYEE, ELDER ABROKWA AND PASTOR JOSEPH AWUAH

Before me this morning for consideration is an application filed by the 1st, 3rd and 4th defendants/applicants praying the court to strike out the instant writ the plaintiff/respondent issued. The application is premised on the sole ground that the action is premature thus the court cannot exercise jurisdiction in the matter. In a 8-paragraph affidavit accompanying the motion, it has been deposed to in paragraph 5 thereof that the plaintiff has not exhausted the grievance procedure outlined in Article 78 of the Constitution of the Christian Divine Church to which all the parties belong and that the jurisdiction of the court to hear and determine the matter is therefore temporarily ousted. Speaking to the motion, learned Counsel for the defendants/applicants referred to paragraph 6 of the plaintiff’s statement of claim that avers that the church has promulgated a Constitution that sets out a grievance procedure for aggrieved members/persons. He specifically referred to Clause.....