FORSON v. ODONKOR [1965] GLR 47

DIVISION: HIGH COURT, SEKONDI

DATE: 8 FEBRUARY 1965

BEFORE: DJABANOR J.

NATURE OR PROCEEDINGS

ACTION for injunction to restrain the defendant from selling by auction the plaintiff’s properties.

COUNSEL

K. A. K. Erskine for the plaintiff.

E. A. Puplampu for the defendant.

JUDGMENT OF DJABANOR J.

When this case came up for hearing it was discovered that the issue involved was of a narrow compass.

The defendant, a licensed auctioneer, attached and published under the classified advertisements in the

Daily Graphic newspaper dated 29 February 1964 at p. 8 a description of the plaintiff’s houses situate at

Sekondi for sale under a power of sale contained in a mortgage by the authority of the Ghana Commercial

Bank. The plaintiff brought this claim against the defendant claiming an order of injunction to restrain him from selling the plaintiff’s said properties, and for £G5,000 damages.

The point of law which arose for the determination of this court was the proper interpretation of section

48 of the Local Government [p.48] of [1965] GLR 47

Act, 1961,1 in relation to section 6 of the Auction Sales Ordinance.2 The defendant, it appears, in fact holds a valid licence granted him by the police by virtue of section 6 of Cap. 196 but does not possess such a licence issued by the Sekondi-Takoradi City Council which that body has the exclusive power to issue under section 48 of Act 54. The question now is whether or not the licence issued under section 6 of

Cap. 196 entitled the defendant to act as an auctioneer in the Sekondi-Takoradi area. The Auction Sales

Ordinance, s. 6 provides:

“(1) Every licence shall be in the form set forth in Schedule 1, and shall be issued by the Commissioner of

Police or under his authority: and there shall be payable in respect of a yearly licence a fee of twenty pounds, and in respect of a half-yearly licence a fee of twelve pounds.

(2) Every such licence shall be valid throughout Ghana.”

The Local Government Act, 1961, s. 48 provides:

“(1) Subject to the provisions of this Act, a city or municipal Council shall, within the administrative area, to the exclusion of any other authority which may previously have exercised the same, be the authority for carrying out and executing the provisions of the enactments specified in this section and shall have, within the administrative area, all the powers, rights, duties, capacities, liabilities and obligations in respect thereto under such enactments, of any person, officer or authority therein mentioned (exclusive of the powers of any court or the Comptroller of Customs):-

(a) The Auction Sales Ordinance (Cap. 196);

(b) The Criminal Code, 1960 (Act 29), sections 296 and 300;

(c) The Liquor Licences (Spirits) Ordinance (Cap. 220);

(d) The Liquor Licences (Wine and Beer) Ordinance (Cap. 221);

(e) The Mosquitoes Ordinance (Cap. 75).

(2) With respect to the provisions of subsection (1) of this section, the Treasurer shall be deemed to be the Accountant-General for the purposes of the Criminal Code, and the Licensing Authority for the purposes of the Liquor Licences (Spirits) Ordinance and the Liquor Licences (Wine and Beer)

Ordinance;

[p.49] of [1965] GLR 47 and the Town Engineer shall be deemed to be the Engineer-in-Chief of the Public Works for the purposes of the Criminal Code; and the Medical Officer of Health for the administrative area shall be the Sanitary Authority for the purposes of the Mosquitoes Ordinance.

(3) Nothing contained in subsection (1) or (2) of this section shall operate to affect, alter, or derogate from the ordinary or special statutory or other lawful functions of the police, whether exercisable under the enactments mentioned in this section or otherwise.”

It is to be observed that subsection (3) of section 48 states that the functions of the police under Cap. 196 are not to be taken away by the city council. It is also to be observed that subsection (2) which shows the relevant officer of the council who is to take over the functions of the authorities under the enactments under which the council will carry out certain duties does not say that the functions of the police are to be assumed by any officer of the council. In my view and upon a further reading of subsection (3) of section

48 of Act 54 giving it its simple and straightforward interpretation, I hold that a licence taken out under section 6 of Cap. 196 is valid throughout Ghana, including the municipal and city council administrative areas.

For this reason the defendant at the time he filed the auction sale notices complained of was in possession of a valid licence enabling him to practice within the city of Sekondi-Takoradi.

The claim of the plaintiff therefore fails, and it is dismissed accordingly. There will be judgment for the defendant with 50 guineas costs.

DECISION

Judgment for the defendant.

J. D.