MAXWELL OPPONG v. COMMERCIAL INVESTMENTS LIMITED
2018
HIGH COURT
GHANA
CORAM
- SAMUEL K. A. ASIEDU
Areas of Law
- Contract Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute over a property sales agreement wherein the plaintiff claims ownership transfer of a house following multiple breached agreements by the defendant. The court found in favor of the plaintiff, holding that the plaintiff's prompt deposit payment constituted sufficient consideration to modify the initial agreement. The defendant's failure to complete the house by the agreed deadline was deemed a breach of contract, justifying the plaintiff's actions to unilaterally complete the house to mitigate further losses. As a result, the court ordered the defendant to transfer ownership of the house to the plaintiff upon payment of the remaining balance.
JUDGMENT
By a writ of civil summons issued on the 11th May 2015, the plaintiff claims against the defendant:
a. Immediate and unconditional transfer of ownership and title of the house to the Plaintiff as per the master Agreement executed.
b. Cost for bringing this action including solicitor fees.
The writ was accompanied by a statement of claim. After entry of appearance, the defendant filed a statement of defence in which it also counterclaimed against the plaintiff for Damages for loss suffered by the defendant arising from the plaintiff unilaterally taking possession of and completing the building the subject matter of this suit.
After the failure of pre-trial settlement, the parties filed their respective witness statements, whereupon, the matter was set down for trial at which each party gave evidence per a witness and closed their case. From the pleadings, the court finds that the defendant does not dispute the fact that in January 2006, the parties entered into an agreement in respect of a home ownership scheme which the defendant company was operating at its estate development site at a place called Fair Havens, East Legon Hills for the sale and purchase of a three (3) bedroom house at a cost of $58,179.00. Indeed, by this agreement, which was tendered and received in evidence as exhibit MOB, the defendant agreed to build and sell to the plaintiff a three bedroom house situate at Fair Haven, East Legon Hills at an ultimate price of $58,179.00.
The court finds that it was a term of the agreement that the plaintiff pays 2% of the purchase price as a commitment fee and, thereafter, an amount of $237.66 was to be paid every month for a period of twenty four (24) months after which the plaintiff shall be entitled to enter into possession of the house. From exhibit MOB, the parties also agreed that after the plaintiff has been put into possession, he would continue to pay the monthly installmental payment until the cost of the house was fully defrayed. The court finds from exhibit MOC that on the 9th January 2006, the plaintiff paid an amount of $1,200.00 to the defendant which was far in excess of the commitment fee required to be paid and so the excess amount of $36.42 was reckoned against the installmental payment due in respect of February 2006. Exhibit MOC is a receipt issued by the defendant in acknowledgment of the payment of the $1,200.00 by the plaintiff.
The court finds from clause H of the agreement, exhibit MOB herein, that the partie