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JUDGMENT
1] PARTIES
Plaintiff is a businesswoman who lives in Ghana while the defendant is a Company
incorporated under the laws of Ghana, operating in the business of Real Estate
Development.
2] PLAINTIFF’S CASE
3] Plaintiff’s case is that she entered a Sales Agreement with the Defendant in 2017 for
the purchase of a building property located at Palace Court, Kwabenya, at a cost of
GH₵ 340,000.00.
4] Plaintiff claims that by a letter dated 14th May, 2019, the Defendant made a proposal to
offer her a different building at Tower Court Annex 3, Pokuase, at the same price as
the initial property and under the same terms and conditions. She accepted the
proposal and made payment of GH₵185,000, which comprises 40% payment of the
cost price in compliance with Clause 11 of the Sales Agreement, as well, as other costs
in relation to the acquisition of the said building. Plaintiff claims payment of the said
amount was spread over a period of time
5] According to plaintiff, when defendant failed to complete construction of the said
property within the agreed time she caused her solicitors to request for a refund of the
amount of GH₵ 185,000 she had paid. Plaintiff claims, defendant has failed to settle
the debt for which reason she claims the following reliefs;
a. Recovery of the sum of GH₵ 185,000.00
b. Interest on the said amount at the prevailing bank rate.
c. Costs inclusive of solicitor’s fees.
d. Any other remedy this Honourable Court may deem fit.
6] DEFENDANT’S CASE
7] In their statement of defence and counterclaim, defendant admitted that the plaintiff
had entered into a Sales Agreement with them for a property located at Palace Court -
Kwabenya at a cost of GH₵ 340,000.00. Defendant further conceded that a new
building property was offered to the plaintiff in replacement of the first one but
denied that it was offered at the same price of GH₵ 340,000.00 as claimed by plaintiff.
Defendant also admitted plaintiff’s claim that plaintiff had made part payment of
GH₵ 185,000, which constituted 40% of the total cost of the building property offered
her.
8] According to the defendant, despite plaintiff’s delay in making the 40% payment, they
still managed to put up the building at Palace Court, Kwabenya to the roofing level
after which plaintiff indicated she was no longer interested in the building because
there was no parking space. Defendant further claimed that plaintiff was not
forthcoming with the subsequent payments despi