KOJO BRUCE vs. CHARLES LWANGA PUOZUING

MARFUL-SAU, JA: The fundamental issue raised in this appeal is whether or not the trial Judge was right in dismissing the appellant’s application for interlocutory injunction not on the merits of the application but for the reason that the applicant failed to exhibit his power of attorney in the proceedings. The brief facts of the case are that the appellant Kojo Bruce per his lawful Attorney Yaw Effah issued a writ against the respondent for various reliefs including recovery of possession of a parcel of land, general damages, perpetual injunction and an order for the demolition of all unauthorized structures on the land in dispute. The appellant’s writ was followed by an application on notice for interlocutory injunction against the respondent. At paragraph 2 of the affidavit in support of the motion for injunction the attorney of the appellant depose thus: “2. That I am the lawful Attorney of the Plaintiff whose authority I have to depose to those matters that are within...