Legal Attorney

IMAGE SOURCE: GETTY IMAGES.
On a bright beautiful Thursday morning, the court room was filled with counsels ready to do the business of the day. The first case was called by the registrar, the defendant was present, but without his counsel. The claimant counsel announced his appearance and also mentioned he was the "Claimants Attorney, appearing in person". Kick-starting trial, he went into the Witness box and gave evidence.

It is not strange to see non - lawyers or lawyers step into the Witness box as agents or Attorneys and further give evidence in respect to a case as is the regular practice. Where an agent or attorney engages the services of a lawyer, he swears to a witness statement on oath and is further questioned in respect of the said document.

A power of Attorney as the name implies is a written authorization given by a principal, donor, to another to represent or act on his behalf (agent). Going further, where a lawyer acts as an agent or attorney and is required to give evidence, he shall follow same procedure with slight differences which are highlighted below in the procedures.

PROCEDURES:

1. Counsel steps into the Witness box.
2. Counsel may either be sworn on oath or choose to affirm. Where counsel is sworn on oath, the registrar leads as follows;
"Repeat after me, I ....(mention name), hereby swear by the (holy Bible or Holy Koran) that the evidence I shall give in this case shall be the truth the whole truth and nothing but the truth so help me God"
In the light of affirmation, he states as follows;
"I hereby affirm that the evidence I shall give in this case shall be the truth, the whole truth and nothing but the truth, so help me God".

3. Counsel states his name. "My name is .......

4. Counsel states his address " I am a legal practitioner and live at No.....

5. On the ..... day of ........ 2017, I deposed to a witness statement on oath at the court registry.

6. I rely on all the paragraphs in my statement of oath.

7. Where Counsel seeks to tender Exhibits alongside, he refers to the specific paragraphs of the statement of oath by stating;

Your Honour I refer to paragraphs... (mention specific paragraph where documents were pleaded).
A. The notice to quit dated ./ Statement on oath dated....
B. Power of Attorney duly executed dated......
C. Notice of owners intention to recover possession dated or Mention the specific document(s) you are tendering as an exhibit....
(The registrar shows the defense Counsel the documents. If there are no objections, the court may admit it and mark it as Exhibit ....).
Note: Where it is a photocopied document, proper foundation must be laid in line with Section 84 of the Evidence Act 2004.

8. Inform the court that the claimant claims as per their writ or as per their written deposition, we ask the court to enter judgment in our favour.

9. The counsel for defense may cross- examine the attorney or the matter adjourned. Attorney may be discharged.

Be sure you know the implications of standing as an attorney before you say Yes to the role. 
Note: This is the writer's view and not in any way intended to be a yardstick to assess practice and procedure at all material times.


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