JUDGMENT

Gopal Sri Ram JCA:

The broader question that this appeal raises is the meaning of 'estate agency practice' as defined by the Valuers, Appraisers and Estate Agents Act 1981 ("the Act"). The narrower and immediate question at hand is whether the plaintiff in the suit (the respondent before us) may recover the commission promised him by the defendant (the appellant before us).

Although the Act has been on the statute books since 1981, there has not been much litigation about it. So far as advised by counsel, this is the first time that this court is seised of an appeal that deals with what an estate agent is under the Act. It is to be noted at once that the Act does not define "estate agent". Instead it defines "estate agency practice". And that definition (as provided in s. 2 of the Act) is as follows:

'estate agency practice' means acting or holding oneself out, to the public as ready to act, for a commission, fee, reward or other consideration, as an agent in respect of the sale or other disposal of land and buildings and of any interest therein or the purchase or other acquisition of land and buildings and of any interest therein or in respect of the leasing or letting of