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JUDGMENT
AYEBI J.A.
1. This appeal is against the judgment of a Kumasi High Court dated 22nd July 2005. Defendant/appellant is the owner of H/No.OTB 401, Adum, Kumasi. He wanted the house to be re-developed or rebuilt. Plaintiff/respondent agreed to undertake the project on terms. The terms of the agreement were reduced into writing and executed by the parties on 1st June 2004.
2. The obligations and rights of the plaintiff/respondent as the Estate Developer under the agreement headed Building Construction Agreement are:
(1) To obtain a building permit from his own resources in respect of the property.
(2) To pull down the one storey structure on the plot and develop same into a four (4) storey house at his own expense.
(3) To develop the ground and first floor into shops as well as the second floor at his own expenses and use same for thirty (30) years effective from the date of completion of the property and give two (2) store rooms on the ground floor to the landlord.
(4) To develop the third floor into residential apartment and hand same over to the landlord.
(5) To control the rooms on the ground, first and second floors for thirty (30) years with the right of renting same until the effluxion of 30 years commencing from the date the property could be duly completed.
(6) To pay water and electricity bills consumed by him or his agents or successors in title whenever they become due and payable.
3. The second part of the agreement, Exhibit C, stipulated the obligations and rights of the landlord, the defendant/appellant herein. According to the plaintiff/respondent, after the execution of the agreement, he assisted the defendant/appellant to regularize his title to the property, renewed the lease on the property and caused ejectment notices to be served on the tenants in occupation. For the new building, plaintiff/respondent said he got a plan to be prepared. He also travelled to Holland to purchase two trucks for the demolition of the existing structure on the land and carting away the rubbles.
4. It is the case of the plaintiff/respondent that just as he was about to commence work at the site, defendant/appellant caused his lawyer to write to him abrogating the agreement. Efforts to resolve the matter amicably failed. The plaintiff/respondent alleging that he has in reliance on the agreement expended money and has thus suffered financial loss and damages, sued the defendant/appellant and prayed for:
(a) An order for specific performance of the b