MONROVIA -- The Civil Law Court at the Temple of Justice has ruled that members of the Global Methodist Church (GMC) who broke away from the United Methodist Church (UMC) Liberia Annual Conference have no legal claim to the denomination's properties.
Assigned Judge George W. Smith, ruling Monday in the Sixth Judicial Circuit, said the claims advanced by the GMC regarding rights to UMC properties were "legally unfounded." He emphasized that property rights cannot be transferred or distributed by individuals who do not legally own them.
Court's Findings
Judge Smith held that Bishop Samuel J. Quire Jr. had no authority to allocate UMC properties to the breakaway group. He reaffirmed that UMC trustees are the lawful stewards of the denomination's schools, hospitals, churches, and other facilities.
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"The GMC and Rev. Jerry P. Kulah hold no legal or equitable right, title or interest in UMC Liberia Annual Conference properties, including worship centers, schools, hospitals and other facilities," Judge Smith wrote.
The ruling, delivered in a petition for declaratory judgment, strengthens the legal authority of the UMC Liberia Annual Conference over its assets and sets a precedent in future disputes involving church property rights. The court referenced the 1983 Supreme Court case Church of Christ (Holiness) of Liberia v. St. Timothy Church of Buchanan et al., which similarly affirmed denominational property ownership.
Secession Means Forfeiture
The court said that by formally disassociating from the UMC, the GMC and its leaders "forfeited all beneficial ownership and interest" in the church's properties. They were further prohibited from occupying, transferring or removing UMC signage from those facilities.
Judge Smith noted that the UMC presented at least 11 registered title deeds as evidence of ownership. The GMC produced no such deeds, and therefore could not challenge the UMC's legal title.
"Title is not in dispute, and there is no genuine issue of material fact," Smith ruled, granting summary judgment in favor of the UMC.
Legal Grounds
The court cited provisions of Liberia's Civil Procedure Law, along with principles of trust and estate law, which recognize trustees as legal owners of property on behalf of beneficiaries.
"The UMC Liberia Annual Conference, the trustee, holds its properties in trust for the use and benefit of its members, present and future," Smith said, underscoring that neither the GMC nor its members could assume trustee rights after seceding.
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The court also dismissed GMC's argument that the UMC lacked corporate standing due to unpaid registration fees. Smith held that the UMC, established by a special act of the Legislature in 1959 and amended in 1978, is exempt from annual registration fees under Section 20.6 of the Association Law.
Broader Context
Judge Smith invoked the historical precedent of major church schisms. He noted that when the Eastern Orthodox Church, the Anglican Church, and later the Methodists broke away from the Roman Catholic and Anglican churches, none were entitled to their former institutions' properties.
"Bishop Quire could not distribute properties he did not own," Smith wrote, citing the legal maxim nemo dat quod non habet -- one cannot give what one does not have.
