The ruling was delivered by the Supreme Court
A case at the Supreme Court relating to a power of attorney in a property fraud conspiracy case has been determined, with a senior police officer at the center of the case.,
This follows an October 25, 2022, ruling by His Lordship Justice Dr Richmond Osei Hwere J of the High Court in Sekondi relating to an application filed by Assistant Commissioner of Police Akolgo Yakubu Ayamga (a barrister and senior prosecutor of the Ghana Police Service).
The court also held that Georgina Eghan's power of attorney was valid while Ayamga's was invalid because it originated abroad yet notarized in Accra.
According to documents from the court, Ayamga instigated a High Court action seeking an eviction order for an upmarket beachfront property in Busua, in the Western Region, which he claimed to have bought from an ex-girlfriend (Ms Evelyn Korklu Laryea) of the legitimate owner of the property, Bram Rodenburg, who donated a notarised power of attorney to Georgina Ama Eghan to act on his behalf in the proceedings.
The judgment was delivered on the case of the power of attorney originated abroad yet notarised in Accra.
Ayamga was able to successfully transfer the legal ownership of the property into his name at the Lands Commission and then proceeded to the High Court for an order directing the Agona Nkwanta Police to evict the squatter from the property so he could enjoy his newly acquired property.
In the course of the High Court legal proceedings, the legitimate owner of the property was notified of the sale and court action of Ayamga.
The owner joined the court case as an interested party and informed the court that no Power of Attorney had ever been donated to Evelyn Korklu Laryea (the ex-girlfriend) for the sale of the property.
The High Court was convinced that the legitimate owner had properly donated the power of Attorney to Georgina Ama Eghan, and therefore, she was legally right to act on his behalf and testify in the case contrary to the arguments of the plaintiff.
However, in the case of Evelyn Korklu Laryea, who soled the property to the plaintiff, the court ruled that her power of attorney was irregular and therefore constituted fraud and subsequently nullified all transactions arising from it. The Court, therefore, ordered the Lands Commission to strike out the name of the plaintiff from the deeds register.
The law is specific that anyone donating a Power of Attorney must do so only before a court officer authorized to do so.
Ayamga was represented in the High Court case by Dr. Justice Srem-Sai of Praetorium Solicitors in Accra, whereas the legitimate owner was represented by Constantine K M Kudzedzi of Cann, Quarshie & Co in Takoradi.
The court also awarded a GH¢8000.
See the court documents below:
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