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JUDGMENT
The plaintiff on 12th September 2006 took out a writ of summons andstatement of claim against the defendants herein.
The reliefs sought asendorsed on the amended writ and statement of claim filed on 1st day ofApril, 2010 are as follows: a. “Specific Performance of the agreed terms of the contract for the completion and assignment for the plaintiff of the five bedroomresidential facility on Plot No. 27 Duchess Ville Development on 2ndCircular Road, Cantonments, Accra; b. Damages for breach of contract in addition to specific performance; c. Substantial costs; and d. Further or other reliefs”The plaintiff is resident in Prague, the Czech Republic.
She instituted thisaction per her lawful attorney Jeanne Donkoh.
In 2003, the 1stdefendant a Limited Liability Company incorporated under the laws ofGhana agreed to construct and assign to the plaintiff, and plaintiffagreed to purchase the house known as Plot No. 27 Duchess VilleDevelopment on 2nd Circular Road, Cantonments, Accra (herein afterreferred to as the Property). The agreed purchase price was twohundred and thirty one thousand US dollars (US$231, 000. 00), payableby instalments.
Sixty-five thousand dollars (US$65, 000. 00) of the agreedpurchase price was to be paid upon completion of the constructionworks.
Plaintiff alleges she made four payments totallingUS$165, 000. 00. Based on an agreement that she would bear the cost ofany variation to the original plan, she suggested a number of variations.
She also advanced thirty thousand (US$30, 000. 00) dollars to thedefendant for extra water tanks, washing machines, upgradedrefrigerator and stove.
She paid six thousand, four hundred and twelvepounds (£6, 412. 00) in respect of upgraded windows and doors.
It wasagreed that the property was to be completed within six months of thepayment of the initial deposit.
She performed her part of the agreementbut the defendant refused to deliver on the agreement.
The 1st defendant per its amended statement of defence avers itindependently finances the construction of its houses before offeringthem for sale.
It developed the Duchess Ville estate and plaintiff offeredto purchase unit number one.
Defendant agreed to sell it for$231, 000. 00 excluding added costs for variation.
This was to be settledin accordance with strict payment terms. A balance of $65, 000. 00 owingon the purchase price fell long overdue upon the completion of theProperty in breach of the strict terms for the settlement of the purchaseprice.