ABEIKU QUANSAH (PETITIONER) vs. BELINDA NYARKO (RESPONDENT)

During the course of proceedings on 17th April 2013, Counsel for the Petitioner sought to tender a power of attorney given to the Petitioner's representative. This was opposed by the Respondent's counsel on the following grounds: 1. That the power of attorney was not attested to by a witness and sworn before a commissioner for oaths or notary public as stipulated by the Power of Attorney Act, 1998 (Act 549), 2. That the name of the notary public is not on the document, 3. That it was not signed by the donor and 4. That it was not sworn as required by the Power of Attorney Act. In response, counsel for the Petitioner stated that a comparison of the various processes filed will show that the power of attorney was signed by the petitioner and witnessed by the notary public. The court is therefore called upon to determine whether the power of attorney sought to be tendered is in compliance with the Power of Attorney Act 1998 (Act 549). Section 1 of Act 549 states thus: (1)....