ODAME AND ANOTHER vs. ASARE [2001]DLCA1214

Date	2001-05-10
Suit No.
Citation No.	[2001]DLCA1214

ESSILFIE-BONDZIE JA

TWUMASI JA

AMONOO-MONNEY JA

DANIEL OPOKU AKYEAMPONG FOR THE PLAINTIFFS.

SOMUAH ASAMOAH FOR THE DEFENDANT.

[2001]DLCA1214
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ODAME AND ANOTHER<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ASARE<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>[2001-2002]
1 GLR 511<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:<o:p></o:p>DANIEL
OPOKU AKYEAMPONG FOR THE PLAINTIFFS.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SOMUAH
ASAMOAH FOR THE DEFENDANT. <o:p></o:p>

ESSILFIE-BONDZIE,
TWUMASI AND AMONOO-MONNEY JJA<o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Essilfie-Bondzie JA. <o:p></o:p>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.<o:p></o:p>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 which the
testator Jackson Christian Asare allegedly executed for his daughter.<o:p></o:p>When
the power of attorney was being tendered in evidence the defendant’s counsel
raised an objection on the ground that the testator or donor was blind at the
time the document was executed but he has signed the power of attorney. Again
that “the teeth of the type writer giving the house number is different from
the whole of the power of attorney.” Counsel for the plaintiffs countered the
objection and contended that the objection was unfounded since the power of
attorney had a jurat and that the signature appearing on it represented the
normal signature or the deceased which has appeared on other documents made by
the deceased. He conceded that the donor of the power of attorney was blind at
the time but he was directed where he should sign and he signed.<o:p></o:p>The
court upheld the objection on the ground that the document was signed by a man
who was blind and that there was nothing to show in the document that the blind
man was shown a place to sign his signature. The learned judge also said a
jurat is not the same as signing a document.<o:p></o:p>In
this appeal, two grounds have been filed. The first ground which consider the
only relevant ground for the appeal, is that “the court erred by rejecting the
tendering of a power of attorney signed by a blind man upon objection raised by
counsel.”<o:p></o:p>It
is admitted by all parties that at the time the alleged power of attorney was
executed the deceased was blind. He was however literate. As a blind man it is
my view that he came under the umbrella of the Illiterate Protection Ordinance,
Cap 262 (1951 Rev) although blind persons were not specifically mentioned under
Cap 262. Section 4(1) and (2) of Cap 262 obliges every person writing a letter
or document for an illiterate to:<o:p></o:p>