STELLA ADU v. STEPHEN OPPONG
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, J.A (PRESIDING)
- KORBIEH, JA
- DZAMEFE, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case is an interlocutory appeal where the defendant challenged a High Court ruling allowing the plaintiff to substitute an initially invalid power of attorney in a land dispute. The appellate court held that the substitute power of attorney was also flawed and did not rectify the initial procedural error. As a result, the writ and subsequent proceedings were deemed null and void. The case emphasizes the need for proper notarization and witnessing of powers of attorney for their validity in court.
GYAESAYOR, JA
This is an interlocutory appeal filed in this court by the defendant/appellant challenging the ruling of the High Court dated 14th November, 2012.
The plaintiff, a Ghanaian resident in Kenya is litigating over a piece of land at Adjiringano, East Legon Accra with one Stephen Oppong who also lays claim to the same piece of land.
The plaintiff respondent on the 22nd July 2010 gave a power of attorney to one Regina Adu “to take all legal steps necessary to protect my interest and prosecute a land case in my name against encroachers and trespassers on land situate at Adjiringano, East Legon Accra”.
Further to this the donee was authorized to do all acts and things not herein specifically authorized as amply and effectively as the attorney may deem proper or expedient for or in relation to the above.
This power of attorney according to her was witnessed by Barbara Bentwum Williams Dotse of UNCHR P. O. Box 43821-001000, Nairobi, Kenya and who is a Senior Administrative/Finance Officer. Pursuant to the power the plaintiff issued a writ in the High Court on 23rd July 2010 seeking the reliefs endorsed on the writ:
a. Declaration of title to all that piece of land about 0.641 acres in size, situate Adjiringano, East Legon Accra and registered at the Land Title Registry with Land Certificate No.TD 0125 dated 9th November 1995 which land has been trespassed upon by the defendant;
b. Damages for trespass
c. Recovery of possession
d. An order of perpetual injunction to restrain the defendant, his agents, privies and assigns from entering onto or in any way disturbing the plaintiff’s possession of the land;
e. Costs including legal costs.
The plaintiff/respondent filed the application for directions and the court was called upon to determine the following issues:
a. Whether or not the plaintiff is the owner of the land in dispute
b. Whether or not the defendant has trespassed unto the plaintiff’s land.
c. Whether or not the plaintiff had at all material times been in possession of the land in dispute
d. Whether or not Land Certificate issued to the plaintiff in 1994 is valid.
After setting down the issues for trial, the defendant/appellant filed an additional ground to be canvassed as a preliminary point of law. The additional issue filed is for the court to determine by way of legal argument whether the plaintiff or her “lawful attorney” has the capacity to initiate this action.
On the 2nd day of April 2012 the court accepted the additiona