GLOVER VRS DAMPSON (G/WJ/DG/A4/06/21) [2023] GHADC 980 (28 March 2023)

GLOVER VRS DAMPSON (G/WJ/DG/A4/06/21) [2023] GHADC 980 (28 March 2023)

The Power of Attorney was executed in South Africa and was not notarised by a notary public abroad as required by law, rendering it invalid and depriving the attorney of capacity to act; therefore, the application is struck out for want of capacity.

Citation
[2023] GHADC 980
Parties
Petitioner/respondent: Dorinda Naa Kwarley Titus Glover; Respondent/applicant: Anthony Kweku Ndom Dampson
Court
District Court
Jurisdiction
Ghana
Judgment Date
28 March 2023
Case Number
G/WJ/DG/A4/06/21
Procedural Posture
Application for Stay of Execution / Ruling on Interlocutory Application
Outcome
application struck out for want of capacity
Legal Topics
Stay of Execution, Capacity to Sue or Be Sued, Power of Attorney, Notarisation of Foreign Documents
Source Language
English
Civil Procedure Stay of Execution Capacity to Sue or Be Sued Power of Attorney Notarisation of Foreign Documents

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Parties

Dorinda Naa Kwarley Titus Glover

Petitioner/respondent

Anthony Kweku Ndom Dampson

Respondent/applicant

Procedural Posture

Application for Stay of Execution / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the attorney had capacity to move the application for stay of execution
  2. 2 Whether the Power of Attorney executed abroad was valid for use in Ghanaian courts

Ratio Decidendi

The Power of Attorney was executed in South Africa and was not notarised by a notary public abroad as required by law, rendering it invalid and depriving the attorney of capacity to act; therefore, the application is struck out for want of capacity.

Court Disposition

application struck out for want of capacity

Orders

  • Application struck out for want of capacity
  • Costs of GHC2,000.00 awarded to the respondent against the applicant