Lighthouse Chapel Int’l Moves To Amend Defence

An Accra High Court (Labour Division) has set November 25, 2021, to deliver its ruling on an application filed by Lighthouse Chapel International (LCI) seeking to amend its statement of defence in a suit initiated by six former pastors against the church.

The six pastors, Bishop Larry Odonkor, Bishop Oko Mensah, Rev. Edward Laryea, Pastor Seth Duncan, Pastor Edem Amankwah, and Pastor Faith Makafui Fiakojo, filed their separate suits on April 19, this year, at the court presided over by Frank Aboadwe Rockson.

The pastors, among other things, have sued the church over Social Security and National Insurance Trust (SSNIT) contributions and are also seeking compensation to cover some investments they made in schools, churches of the LCI and for rental of cars while in the service of LCI as well as monies they spent on accommodation.

Justice Rockson is currently on leave and as a result, the application was moved before Justice Juliana Ananda Aikins, who has taken over the case as the interim judge.

Moving Application

Moving the motion for amendment before the interim judge, Vincent Kizito Beyuo, counsel for LCI argued that it had become necessary for the church to amend its statement of defence and counterclaims in order to aid the court in effectively determine all the issues in dispute between the parties.

He said the application if granted will neither delay the determination of the case nor prejudice the plaintiffs.

“We stated in the affidavit in support that earlier on this court-ordered parts of the defendant’s statement of claim and counterclaims to be struck out. The proposed amendment also takes into account the order made by this court,” Mr. Beyuo said and also notified the court that annexures to the application was a proposed statement of defence and counterclaim which set out the amendment being sought by the church.

Key Proposals

The proposals annexed to the application include a SSNIT report on the complaints, which was released on August 20, 2021, and exonerated the church of allegations made by the plaintiffs on non-payment of SSNIT contributions.

The SSNIT report also stated that there was no employer-employee relationship between Lighthouse Chapel International and the plaintiffs for the periods in contention for non-payment of SSNIT contributions.

Again, the church contends that the plaintiffs could not sue the church for the alleged non-payment of SSNIT contributions.

The LCI also denied any liability to the plaintiffs and argued that the church will be vindicated by the Court like it was exonerated by SSNIT. The church said the plaintiffs’ claims were based on alleged breach of contract and therefore any claims concerning matters that allegedly occurred before 2015 were barred by the Limitations Act 1972 ( N.R.C.D. 54 ) which provides that in cases of an alleged breach of contract the action must be brought within six years after the alleged breach occurred. Their claims of the pastors dating back to 2001.

Another issue that has been featured in the Church’s proposed statement of defence is a Police Report on a criminal case against Oko Mensah for allegedly stealing a car belonging to the LCI. Oko Mensah alleged in his Statement of Claim that while he was in the employment of the church, LCI denied him basic logistics such as a car and he had consequently spent the equivalent of GHC 93,000 of his own money to rent cars over 15 months.

The church, in its proposed statement of Defence denied this and stated that Oko Mensah had rather refused to return the official car assigned to him when he resigned and that the matter had been reported to the police. The police investigated the matter and impounded the vehicle and have charged Oko Mensah for stealing in the Circuit Court.

Opposition

Counsel for the pastors, Kofi Bentil, opposed the application for amendment and urged the court to dismiss it.

He grounded his argument on Order 21 rule 14 of the High Court Civil Procedure Rules, (C.I 47) which states that “Any document to be used in conjunction with an affidavit shall be exhibited and not merely annexed or attached to the affidavit.”

Counsel said the church failed to exhibit its documents and hence, its application was in breach of the court’s rules.

Mr. Bentil further argued that they had not been properly notified and that the application did not constitute proper notice.

Being properly noticed, according to counsel, would afford his clients the opportunity to know exactly what to respond to in respect to the church’s application.

BY Gibril Abdul Razak

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