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KAY SIMMONDS v. TRASACCO ESTATES DEVELOPMENT CO.

February 11, 2010

COURT OF APPEAL

GHANA

CORAM

  • G. M. QUAYE J.A. (PRESIDING)
  • S. K. MARFUL-SAU J.A.
  • C. J. HONYENUGA J.A

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure
  • Equity and Trusts
  • Evidence Law

AI Generated Summary

This appeal arose from a High Court judgment concerning Plot 40 in the gated Trasacco Valley community at Adjiringano, Accra. The appellant subleased the plot from Empire Builders Limited and engaged Trasacco Estate Development Co. Ltd., a sister company, to construct a three-bedroom house with boys’ quarters for US$156,000. After moving in, she discovered substantial structural and architectural defects, repeatedly sought repairs, and sued seeking replacement or refund and reimbursement of expenses. At trial, Trasacco submitted to judgment on refunding the purchase price with interest and reimbursing itemized expenses; costs were awarded. The High Court later granted Trasacco’s counterclaim in part, ordering the appellant to pay US$1,000 per month rent for 79 months of occupancy. On appeal, Honyenuga JA’s lead opinion and Marful-Sau JA’s concurrence held the transaction was a sale, not a lease, and the owner-occupier could not be liable for rent; equity and public policy further barred rent recovery where Trasacco’s breach caused the suit. The Court of Appeal set aside the rent order and dismissed out-of-time additional grounds.

JUDGMENT