9911796707
|
Home
Issues involved: Whether a power-of-attorney holder can appear as a witness on behalf of a party.
Summary: The plaintiff sought permission for his son, as his power-of-attorney holder, to appear as a witness in a suit for injunction and possession. The trial court dismissed the application, leading to this revision. The plaintiff's counsel argued that due to the plaintiff's old age and hearing loss, his son was authorized to act on his behalf. Reference was made to a previous judgment allowing examination of a power of attorney holder as a witness. However, the defendant's counsel cited a different case stating that a power-of-attorney holder cannot act as a witness on behalf of the party, only in their own capacity. After considering the arguments and relevant provisions, the court held that a power-of-attorney holder can only appear as a witness in their personal capacity, not on behalf of the party. If the plaintiff is unable to appear, provisions for recording evidence or accommodating disabilities should be utilized. The court dismissed the revision, finding no error in the trial court's decision.
|
