ALS MINERALS / GEOCHEMISTRY
V.
OWERE MINES LIMITED

(2018) JELR 64550 (HC)

High Court 27 Jul 2018 Ghana
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- The defendant's counsel raised a legal objection regarding the witness statement given by Godfrey Owusu Ansah, who described himself as the Chief Accountant of the plaintiff company. - The objection is based on the fact that the plaintiff

Case Details

Suit Number:SUIT NO. RPC 32/2017
Judges:DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Counsel:J. B. DANQUAH FOR PLAINTIFF ,YAW BOAFO WITH FRANCISCA AYIVOR FOR DEFENDANT

DR. RICHMOND OSEI-HWERE: This ruling is in respect of a preliminary legal matter raised by counsel for the defendant.

Counsel for the defendant has taken aim at the witness statement given and filed by one Godfrey Owusu Ansah who described himself as the Chief Accountant of the Plaintiff company. The said statement was given on behalf of the Plaintiff company. Counsel’s objection is that the since the plaintiff company has given a power of attorney to Global Debt Trackers to institute this action on its behalf and the said power of attorney has not been revoked, Godfrey Owusu Ansah as an officer of the company cannot testify on behalf of the company. Counsel cited the case of Kofi Oduro v. Cynthia Okyere (2014) 69 GMJ 108 to 109 and submitted that since there is no limitation on the authority of the attorney to act and no provision is made in the power of attorney for the plaintiff to act while the instrument is still in existence, it is wrong for the plaintiff to act through its offic…

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