ADAE v. EYIAH

JUDGMENT OF ABBAN J.

In this action the plaintiff claims from the defendant the sum of ¢10,000.00 being special and general damages for breach of contract, or for negligence in carrying out the terms of the said contract.

The plaintiff, in her paragraph (9) of the statement of claim, gave particulars of the ¢10,000.00 damages. She contended that the amount of ¢6,000.00 is the advance which she paid to the defendant in pursuance of the said contract, and the sum of ¢1,800.00 represents the expenses which she would incur in demolishing the constructional work so far done by the defendant on her land. It is therefore obvious that the remaining amount of ¢2,200.00 represents general damages.

The case arose out of a building contract by which the defendant agreed to build for the plaintiff a house, on the plaintiff's plot of land situated at Abetifi, for the lump sum of £G4,600. The construction was to be completed within six months from the date of the contract. The terms of the contract were embodied in a written agreement, exhibit A, and it was dated 1 February 1965. The plaintiff in her evidence alleged that in accordance with the terms of the agreement she advanced to the defendant various sums of money. In addition, she gave to the defendant ten packets of iron sheets. The value of those iron sheets together with the sums of money paid to the defendant amounted to £G3,000. The plaintiff said the building was to be constructed according to a certain building plan which was tendered in evidence as exhibit [p.362] C. The building plan was made in the name of the plaintiff’s daughter, and the house to be built was to contain twenty rooms, ten rooms on the ground floor and ten rooms on the first floor.

The plaintiff said the defendant did not construct the building according to the said building plan, exhibit C. The building constructed by the defendant contained only ten rooms, five rooms on each floor, and the constructional work was carried out so badly that the defendant was ordered by the building inspector at Nkawkaw to discontinue the work. The plaintiff then summoned the defendant to a meeting at which a Mr. Dodd and one Kofi Safo were present. At this meeting, the defendant was asked to construct the building properly but he refused to do so.

Long before hearing of the case commenced, the district superintendent in charge of the maintenance section of the former G.N.C.C., a Mr. Osei, was on the application of the plaintiff appointed by this cou