JUDGMENT OF ANNAN J.A.
The defendant-appellant, a building contractor, hereinafter referred to as the builder, disputes the quantum of damages awarded the plaintiff-respondent, a building owner, hereinafter referred to as the owner, for breach of a building contract. By the terms of the contract the builder undertook to carry out certain specific works in the uncompleted building of the owner mainly for the purpose of finishing the interior of the building in the manner specified by the owner. The sum of ¢21,555 was agreed upon as the price for all the works, details of which were also agreed. The contract was not fully performed by the contractor. He had received a total of ¢13,780 out of the agreed price by 31 December 1971. The contract was entered into in early 1971. An additional sum of ¢2,000 was paid to the contractor in 1972.
According to the owner the work was to be completed by 31 December 1971. This the contractor denied. There is no dispute that by that date the work had not been completed. Between January 1972 and January 1973 the owner was in protective custody. According to him no work was done during this period.
After failing in his endeavour, after his release, to get the contractor to complete, the owner engaged a new contractor who commenced work in February 1974 and completed in June that same year for ¢10,000 which the owner paid.
The owner claimed, inter alia,
(a) ¢23,200 being loss of rent from January 1972 to May 1974 (both months inclusive), i.e. 29 calendar months at the rate of ¢800 per mensem or in the alternative the sum of ¢23,200 being the loss of the value of the use of the said house from January 1972 to May 1974 (both months inclusive), i.e. 29 calendar months at the rate of ¢800 per mensem.
(b) ¢12,000 general damages.
In his judgment the trial judge awarded the building owner ¢1,000 general damages "for the considerable inconvenience caused by the uncomplimentary conduct" of the building contractor from 1972 to 1974 when the agreement was terminated. He also awarded him a sum of ¢10,800 for loss of occupation and use of the building for one and a half years as a fair and just estimate of loss suffered, based on a figure of ¢600 a month which was derived from the evidence of the owner that the house could fetch a monthly rent of ¢800. Other awards, not relevant for the purposes of this appeal, brought the total damages awarded to ¢15,525. Costs of ¢1,500 were awarded to the owner.
In this appeal the contractor ch
