Court Of Appeal Decision

The appeal by the 7 Plaintiffs (concerned church members) and the cross appeal by the Respondents (Pastor Prince and the Board of Deacons) on the matter of the Interlocutory Injunction was heard before the Court of Appeal this morning.

After hearing the submissions from both the Plaintiffs and Respondents’ lawyers, the Court dismissed both the appeal of the Plaintiffs and cross appeal of the Respondents.

The Court commented that these interlocutory proceedings and actions were unnecessary and ordered both parties to return to the High Court and seek an early trial for the Originating Summons.

In dismissing the appeal by the Plaintiffs for the reinstatement of the 400 terminated or reclassified church members, the Court stated that this issue should not be part of this proceeding as the termination or reclassification of the 400 members occurred after the Originating Summons was filed. This issue should be pursued as a separate court action.

The Court rejected the cross appeal by the Respondents against the reinstatement of the 7 Plaintiffs by the High Court. The church membership of the 7 Plaintiffs, therefore, remain reinstated.

The most interesting statement made by the Court in summing up their decision was that the AGM is the supreme authority in any organization. In simple terms, this means that the members in an AGM has full authority over everything else including the Board of Directors or Deacons, in our case.

To recap, an Originating Summons was on filed on 12 November by the Plaintiffs against the Respondents to seek the High Court’s ruling for the following:-

i. that the AGM held on 19th and 20th June 2009 be declared null and void;

ii. that the committee members appointed during the AGM held on 19th and 20th June 2009 be annulled and be declared void;

iii. that the Defendants convene an EGM within 30days from the date of the Court Order for the tabling of the resolutions which had been submitted by the Plaintiffs;

iv. that the removal of Dr. Lum Siew Heng as a member of Calvary Church on 20th March 2009 be annulled and to be declared void.

The Originating Summons is currently fixed for mention on 23 September 2010. At this mention, both parties will be seeking an early date for trial.

Please continue to uphold the matter in prayer.