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 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 Cit…