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MAXWELL OPPONG v. COMMERCIAL INVESTMENTS LIMITED

2018

HIGH COURT

GHANA

CORAM

  • SAMUEL K. A. ASIEDU

Areas of Law

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

AI Generated Summary

This case concerns a homeownership agreement at Fair Havens, East Legon Hills, operated by Commercial Investment Limited, for a three-bedroom house priced at US$58,179. The parties initially agreed to a 2% commitment fee and US$237.66 monthly payments, with possession after 24 months and continued installments thereafter. Following the plaintiff’s prompt US$1,200 payment (exhibit MOC), the developer waived clauses G and H and promised completion by June 2007 (exhibit MOD). The developer failed to allocate or commence the building by that time. A 2010 arrangement required staged payments (US$10,000, US$7,000, US$3,000), and house no. 87 Convent Avenue was allocated, but the developer failed to plaster or apply first coat. A 2011 arrangement (exhibit MOF) obliged the developer to order materials while the plaintiff issued cheques to Commercial Investment Limited; the developer did not order any materials. The plaintiff took possession in June 2011 and completed the house, having paid US$27,583.20 and spending over US$30,000. Applying section 9 of the Contracts Act, the duty to mitigate, and pleading rules on admissions, the court ordered transfer of title within 30 days, subject to US$595.80, and awarded GH₵5,000 costs.

JUDGMENT