Ratio DecidendiRatio DecidendiRatio Decidendi



THE REGISTERED TRUSTEES OF SAVIOUR CHURCH
V.
KOFI ELIAS ASANTE & OTHERS

(2004) JELR 65479 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/30/2004 ·  23 Mar 2004 ·  Ghana
CORAM
TWUMASI J.A,. ANSAH J.A., OWUSU-ANSAH J.A.

Ratio Decidendi

Core Terms Beta
parties
respondent church
court of law
holy spirit
trial
trial judge
learned judge
learned trial judge
good behaviour
saviour church
breach of article
civil trial
constitution of plaintiff
general superintendent of the church
laws of the land
main church
registered trustees of the saviour church of ghana
weight of evidence
court of appeal rules
death of mr. isaac kwadwo asirifi
defendants evidence
dissentient members of the church
end of the trial
establishment of an averment
finding of the trial court
following grounds
interpretation of the import of act
kwaku elia asante
legal rights
main issue
order defendants
ordinary court
ownership of properties of the church
own rival church
pith of their respective cases
places of worship
present case
proper general superintendent of the church
proper leader
property of the saviour church of ghana
record of proceedings
religious beliefs
right thing
said exhibits
simple matter
support of the judgment of the court
swearing fetish
welter of evidence
whole church of god

JUDGMENT

ANSAH J.A.

This appeal epitomises how disagreement over what should be seen as a simple matter can degenerate and overgrow its limits and attempt to disintegrate a whole church of God. It was six suits that were consolidated for hearing. It was apparent that at the trial there was no let or go; no quarters were asked for and none was given. A church that had enjoyed peace and tranquility during the days of its founder and his immediate successor, suddenly found itself embroiled in a multi-faceted dispute. The record of proceedings alone spanned four hefty volumes and I wonder where the trial would have been by now had it been conducted and held in an ordinary court where proceedings are manually recorded. When the trial concluded finally hopes were that the parties would accept the verdict in the best of faith and leave matters in the hands of He whom they have known, trusted and believed, but the losing side has launched an appeal against it. Well, they may be exercising their…

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