The Court of Appeal has upheld an appeal against a judgment of July 17, 2020 by a Kumasi High Court.
The trial court had dismissed claims by the plaintiffs on the grounds that they had broken away from the church and formed their own.
But the Court of Appeal, on April 28, 2022, in a unanimous decision read by the Presiding Judge, ordered the Association of Seventh Day Pentecostal Assemblies to elect a new President to end the impasse.
A consequential order by the Court of Appeal, presided over by Justice A.M. Domakyaareh (Mrs.), directed Michaiah Addai, defendant/respondent in the suit, to convene a general meeting of all the constituent Assemblies of the Association in Ghana to elect a new President, in line with the Constitution of the Church within six months from the date of the order.
The order follows the claim by the appellants that upon the demise of Elder Enoch Ofori, Founder of the Association of Seventh Day Pentecostal Assemblies, who was the father of Elder Enoch Ofori Jnr., the first plaintiff/ appellant, the respondent/defendant, Michaiah Addae, (nephew of the deceased Founder) and Pastor of the Krofrom branch of the Church, claimed to be the leader of the church, having been appointed the customary successor of the Founder.
As a result of the ensuing differences, court action was instituted to ascertain who was the leader of the Church. The appellants stated that the court action was settled and the terms of settlement were filed and adopted as a Consent Judgment, but the defendant reportedly organised a meeting, at which he was purportedly appointed the President of the Association of Seventh Day Pentecostal Assemblies.
This claim by the defendant provoked the appeal at the Appellate Court before which the defendant/respondent also contended that the plaintiff/appellant had never ever been elected or appointed by the Church as President.
The respondent further explained that the terms of the settlement of May 15, 2009 referred to by the appellant, evolved from the association’s Constitution, which allegedly provides that the most senior pastor becomes the Acting President upon the death of a substantive President.
The Court of Appeal upheld the appeal in part, and directed that the Association of Seventh Day Pentecostal Assemblies elects a new President by October 2022 to resolve the impasse.
The court also awarded cost of GH¢15,000 against the defendant/respondent.
It, however, denied other reliefs sought by the plaintiffs/appellants and thus refused to grant the declaration for the nullity of all appointments, elections, proclamations, sales and transfers and the return of some listed properties including vehicles by the defendant respondent.
Other members of the panel of Appeal Court judges that gave the April 28, 2022 unanimous judgment were Justice Alex B. Poku Acheampong and Justice S.K.A. Asiedu.
Charles Agbanu Esquire represented Elder Enoch Ofori Jnr and three others as plaintiffs/appellants while Andrew Acquaye and Michael Agyemang Anokye are counsel for the defendant/respondent.
