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

The case concerns a long-standing dispute between two factions of the Saviour Church of Ghana following the death of a former leader in 1997. The factions, led respectively by Elias Asirifi Asante (plaintiff/respondent) and Abraham Kweku Adusei (defendants/appellants), each claim to be the legitimate successor to the original church founded by Opanyin Samuel Brako. Previous judgments had recognized the Adusei faction as the lawful successor, with the Elias faction having broken away and operating separately. Despite prior court rulings and injunctions, the Elias faction registered a company under the name 'Saviour Church of Ghana' in 2007, leading to further litigation. The plaintiff claims exclusive rights to the church name and activities, while the defendants assert their status as registered trustees and lawful successors.

MAJORITY OPINION PWAMANG JSC:- INTRODUCTION My Lords, this case is not as complicated as it has been presented in the statements of case of the parties since key aspects of the matters in contention have over the past twenty years been settled by final decisions of the courts below us. However, this appeal appears to me to be the first time the facts and applicable law concerning Saviour Church of Ghana will be considered by the apex court. Because the litigation concerning the church seems to be recurring, the judgment we give in this case ought to clarify and settle all issues in dispute between the parties and be devoid of ambiguity. This way, we shall hope to stem any future attempts to re-open this matter on a claim that an aspect of the differences between the parties was not resolved, as is being urged on us in this case. BACKGROUND OF THE CASE My Lords, in the course of this judgment, it shall shortly become plain that when everything in this suit is stripped to the ba...