Auctioneers Go to Court Over Issuance of Alleged Fake Licence

By Malik Sullemana

The Ghana Institute of Auctioneers has filed a writ at an Accra high court against Auctioneers Registration Board, over the issuance of alleged fake licence to an auctioneer.

Plaintiff said that two licences issued by the board to Samuel Arkaifie in July 2011, and April, 2018, was in breach of statutory requirements.

Joined to the writ are the Minister of Justice and Attorney-General and Arkaifie as second and third defendants.

Plaintiff said in the writ, accompanied by the statement of claim, that the board, the first defendant, ignored notices from plaintiff of the said licence and existence of other such illegal auctioneers' licences issued by defendant.

It said that the board did not assign any reason (s) for ignoring those legitimate concerns brought to its attention, yet persisted in the illegal conduct, including "issuing the current illegal licence to Arkafie."

Plaintiff averred that in 2011, Arkaifie, doing business under the name Tycoon Focus Company Ltd, was issued an Auctioneer's License (N0. Minter/AL N0. A203) by the board.

The writ alleged that Arkaifie is presently in possession of an Auctioneer's License N0.SCR/TA.14/101/A 203, which was issued by the board on April 6, 2018.

The plaintiff wanted an order of the court restraining the first defendant from issuing a license to Arkaifie, without compliance with section 5(1) (a) and (b) of PNDCL 230 and section 1 of Act 716.

Plaintiff also asked for a consequential order to stop Arkafie from receiving auctioneer's license from the board.

The writ is further seeking an order directed at the first defendant to publish or cause to be published, the names and particulars of all licensed auctioneers in Ghana as well as the basis of the qualification for registration for the purposes of plaintiff and general public to enable them differentiate between fake and genuine licences.

The institute is asking another declaration that an auctioneer's licence can only be issued by the first defendant to an individual pursuant to the statutory requirement set out in section 5 (1) (a) and (b) of PNDCL 230 and section 1 of the Auction Sales Act, 2006 (Act 716).

Plaintiff is also urging the court for an order "to the first defendant's Chairman and signatory to the fake license to be mulcted personally in the costs of litigation".

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