EMMANUEL WILLIAM OPERKU NUNOO VS AUGUSTUS KPAKPO BROWN & 4 ORS

In a brief ruling by His Lordship Emmanuel Amo Yartey (J), the court addressed an interlocutory application filed by the 2nd Defendant/Applicant seeking to set aside the witness statements of the Plaintiff and the 3rd Defendant on the basis that the Powers of Attorney underpinning those statements were defective because they were not commissioned. The Applicant cited Exhibit A to show the Plaintiff’s Power of Attorney was signed by the principal and a witness but had never been commissioned, and argued the 3rd Defendant’s Power of Attorney suffered the same defect. After critically examining submissions from both sides, the court relied on the Supreme Court’s decision in Fiorini Luca and Fiorini Alessandro v Mr. Samir & 2 Ors, Dennislaw [2021] DLSC 10155, which held that a non‑commissioned Power of Attorney remains valid. Applying that binding precedent, the court dismissed the application and awarded costs of GH¢3000 each to the Plaintiff and the 3rd Defendant.