ODAME AND ANOTHER vs. ASARE

JUDGEMENT Essilfie-Bondzie JA. The plaintiffs-appellants (hereinafter referred to as the plaintiffs) the named executors in the will of one Jackson Christian Asare (deceased) who died on 17 September 1995 after suffering from a stroke in 1987. The plaintiffs brought the action on behalf of the estate of the deceased against the defendant-respondent (hereinafter referred to as the defendant) for the reliefs endorsed on the writ of summons. The defendant who claimed to be the second wife of the deceased also counterclaimed. The record of proceedings indicates that on 13 May 1999 when the parties assembled for the commencement of the hearing of the case, after close of pleadings, one Nana Owusu Akyem Teneten III gave evidence for the plaintiffs as a donee of a power of attorney which was tendered in evidence and marked as exhibit A. In the course of his evidence as the plaintiffs’ representative Nana Owusu Akyem Teneten III again sought to tender in evidence a power of attorney.....