DHL GHANA LTD vs. MERIDIAN PORT GHANA LTD

Defendant/Applicant is praying for an order of the court to strike out the writ of Plaintiff on the grounds set out in the affidavit. The essence of the application is that the power of attorney through which the writ was issued is incompetent as it does not meet the requirements of the law. To Applicant the attorney is not clothed with capacity making the power of attorney incompetent. Moving the motion in court learned counsel for Applicant relied on section 1(3) of the Powers of Attorney Act, Act 549 and noted that the principal, DHL, a body corporate authorised one Eric M. K. Sarbah, who is the Chief Financial Officer of Plaintiff company to sign the power of attorney on its behalf. To the Applicant the power of attorney by law ought to have been attested by at least two witnesses and on the face of the document it is only one witness that signed the power of attorney. Plaintiff/Respondent has opposed the application per an affidavit in opposition contending that the power of...