22/12/2021
A power of attorney is not totally a registrable instrument. However, a Power of Attorney which conveys interest in land is registrable and must be so registered, failing to register same will render it inadmissible in evidence. Conversely, a Power of Attorney that only empowers you to deal with property (ies), even to the extent of empowering you to sell such property is admissible in evidence without registration of same.
Interestingly, the same cannot be said of a Power of Attorney that falls short of the requirement of stamp duty as the Stamp Duty Act makes it that a Power of Attorney amongst other documents must be stamped by the enabling body/person. Failing to comply with that requirement of stamp duty renders such Power of Attorney inadmissible in evidence, no matter how relevant it is to the case. Though relevancy is the basis of admissibility, however, the relevant document must meet all legal requirements without prejudice to its relevancy for it to be admitted in evidence.
