DR NANA ADU AKUMIA v. ANGEL ESTATES AND CONSTRUCTION
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Areas of Law
- Contract Law
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant for failing to construct and hand over a three-bedroom house as per their contract. Despite making full payment, the defendant did not complete the house. The court found in favor of the plaintiff, granting specific performance, and awarded general damages and additional costs against the defendant.
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