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MUMUNI AZIZ
V.
NSAGNAN KWAKU

(2018) JELR 64224 (HC)

High Court 5 Dec 2018 Ghana
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- The District Magistrate Court ruled that the power of attorney issued in Israel, on which the plaintiff initiated the suit, was void ab initio because it failed the test of notarization. - The plaintiff appealed to the High Court, arguing

Case Details

Suit Number:SUIT NO. E11/3/18
Judges:JUSTICE MATTHEW KYEREMATENG


MATTHEW KYEREMATENG, J

INTRODUCTION

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 High Court…

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