DR NANA ADU AKUMIA v. ANGEL ESTATES AND CONSTRUCTION
March 11, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
March 11, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court of Ghana, Dr. Richmond Osei-Hwere adjudicated a suit arising from a house purchase agreement under which the defendant company was to construct a three-bedroom house for the plaintiff for GHC 75,000. The plaintiff paid the price in installments, tendered application forms and receipts, and was shown uncompleted house E28 as his property; despite full payment, the defendant failed to complete and deliver the house. After entry of interlocutory judgment in default of defence, the court analyzed the discretionary equitable remedy of specific performance, applying established rules, including the adequacy of damages, mutuality, and feasibility. Emphasizing land’s inherent uniqueness and the presumption that damages are inadequate for land contracts, the court granted specific performance and ordered completion within three months. Because the plaintiff did not prove specifically quantifiable losses, the court applied the principle that general damages lie for infringement of absolute rights and awarded GHC 15,000 plus additional costs.
JUDGEMENT
On 13th February, 2018, the plaintiff herein issued a writ of summons against the defendant herein seeking the following reliefs:
1. An order for specific performance of the contract entered into with the Defendant on or about the 15th day of August 2011, for the Defendant to construct a three-bedroom house for the Plaintiff, performance of which the Defendant failed and/or refused to carry out.
2. Any other reliefs that this Honourable Court might deem just and equitable in the circumstances.
3. Costs including Counsel’s fees.
On 16thMarch, 2018 the defendant entered an appearance through its lawyers. However, it failed or refused to file a statement of defence. In view of this, interlocutory judgment in default of defence was entered against the defendant on the 19th of June, 2018 upon an application by the plaintiff. Costs of GHC 5,000.00 was awarded against the defendant. The matter was adjourned for hearing relating to the order for specific performance and for assessment of damages. When the plaintiff testified, he told the court that he entered into a house purchase agreement with the defendant in August, 2011. Under the terms of the agreement, the defendant was expected to construct a three-bedroom house for him at the cost of Seventy-Five thousand Ghana Cedis (GHC 75,000.00). He stated that he filed an application form which he purchased from the defendant at the price of GHC 50 and also paid a 40 percent deposit of GHC 30,000.00 in conformity with the terms of the agreement on 15th August, 2011. He also stated that on 7th October, 2013 he paid the next installment of 30 percent of the total cost in the amount of GHC 25,000.00 which was more than the required 30 percent. According to him, he subsequently made payments of GHC 5,000.00 on two different occasions i.e. 22nd May, 2015 and 6th July, 2015. The final payment of GHC 10,000.00 was made on 1st March, 2017. The plaintiff tendered all the receipts relating to the payments as well as the receipt issued for the payment of the application forms. He also tendered the application forms in evidence. He stated that the defendant showed him an uncompleted house numbered E28 as his property. He stated that after the full payment, the defendant has failed or refuse to complete the house and hand over the same to him. He prayed the court to order the defendant to complete the house and hand it over to him.
No party is entitled to a decree of specific performances as of right. It is a d