[2018]DLHC4069 • December 5, 2018 • High Court
MUMUNI AZIZ vs. NSAGNAN KWAKU
The Plaintiff/Appellant, Mumuni Aziz, initiated a suit in Ghana through a Power of Attorney issued in Israel, authorizing Mallam Sabi to act on his behalf. The Defendant/Respondent challenged the validity of this Power of Attorney on grounds that it was neither stamped according to Ghana's Stamp Act nor notarized as required for foreign-issued documents. The District Magistrate Court ruled in favor of the Defendant, declaring the Power of Attorney void ab initio and dismissing the suit. The Plaintiff/Appellant appealed to the High Court seeking to set aside the Magistrate's ruling.
read moreINTRODUCTION 1. On the 12th day of August, 2016, the District Magistrate Court, Kpassa gave a ruling in favour of the Defendant/Respondent. The court held as follow: “It is my opinion that the power of Attorney issued in Israel based on which Mallam Sabi initiated the present suit on behalf of Mumuni Aziz in Ghana has failed the test of notarization”. 2. The power of attorney is therefore void ab initio. At the time Mallam Sabi took the action on behalf of Mumuni Aziz, he did not have any authority in law to do so. The suit is dismissed accordingly. 3. Dissatisfied with the decision of the District Magistrate Court, the Plaintiff/Appellant appealed to the High Court on the following grounds: i. That ruling of the said Magistrate was wrong in law since he had misled himself in interpreting the law relating to Power of Attorney. ii. Further grounds to be filed on receipt of the record of proceedings and the ruling 4. The relief sought by the appellant from the Hig...