AUGUSTINA ENGMANN v. PELICAN GROUP LTD
2018
HIGH COURT
GHANA
CORAM
- ERIC K. BAFFOUR ESQ.
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff and Defendant entered into a lease for developing land into residential units, but the Defendant's lack of construction progress led to a breach of contract claim. The Defendant cited permit issues from the A.M.A and other technical difficulties as reasons for delay. The court determined that the Defendant had indeed breached the contract terms, ordering the reimbursement of the building's replacement value and the transfer of the land title back to the Plaintiff. Additional awards included mesne profits, general damages, and costs for Plaintiff owing to the Defendants failure to comply with the contract terms and regulations.
JUDGMENT
Plaintiff claims against the Defendant in her writ the following:
i. A declaration that under and by virtue of the contract for the lease of all that piece and parcel of land measuring 0.23 acre together with building thereon situate at Dzorwulu, Accra, made on the 16th September, 2013 between Plaintiff as the lessor and Defendant as lessee of the other part, Defendant was enjoined to develop real property on the parcel of land and which project involved the redevelopment of property into a modern complex of apartments (‘residential units’) and two (2) levels of car parking space.
ii. A declaration that under and by virtue of the contract for the lease of all the piece or parcel of land made on 16th September, 2013, between Plaintiff and Defendant, Defendant was obligated to complete the construction of the project in not more than twenty-four (24) months after cutting sod, and if Defendant was unable to complete the project within the specified period an extension of time of not more than a cumulative total of three months.
iii. A declaration that the neglect and/or failure of defendant to complete the construction of the project in not more than twenty-four (24) months after cutting sod, and subject to further extensions, constitutes a breach of contract.
iv. An order of the Court terminating the contract for the lease of all that piece or parcel of land measuring 0.23acre situate at Dzorwulu, Accra made on 16th September, 2013 between Plaintiff and Defendant, for non-performance.
v. An order directed at Defendant to reimburse/pay to Plaintiff to full replacement cost and/or value of the land and buildings thereon demolished by Defendant preparatory to the fulfillment to the contract for the lease of the land.
vi. An order directed at Defendant to take all appropriate, ancillary and necessary steps to transfer into Plaintiff’s name the title deeds registered in its name, consequent upon the due execution of the contract for the lease of the land.
vii. Mesne profits for loss of use.
viii. Recovery of possession.
ix. General damages for breach of contract.
x. Payment of legal fees on a full indemnity basis.
xi. Costs.
Plaintiff claim to be the owner of a piece of land at Dzorwulu with a building thereon and by a lease agreement between the parties, the property was leased to the Defendant for a term of fifty years. And that the purpose of the lease was for the Defendant to develop the property into a modern residential development wit