PAULĀME NQWANTTA BONNE v. YAW OWUSU
November 23, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE ABOAGYE TANDOH, HIGH COURT JUDGE
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
November 23, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court case concerns a written development agreement for stores at Kasoa market, Plot No. 269 C, between a landowner plaintiff and a building contractor defendant. The parties agreed on July 1, 2015 to a two-storey, 36-store complex to be completed within two years, allocating 27 stores to the contractor and 9 to the plaintiff, and requiring an upfront GH280,000 payment. The contractor paid GH30,000 and issued dishonoured cheques for the GH50,000 balance, then constructed only a single-storey ground floor with 12 stores, took nine, and left three uncompleted for the plaintiff, contrary to the agreement. Despite service, the defendant did not attend trial. Applying the Evidence Act burdens and cited authorities, the court found breach, invoked the contracts termination clause (paragraph 13) to restore the property to the plaintiff, awarded nominal damages of GH10,000, a monetary judgment of GH55,842, interest from July 1 until final payment, recovery of specified materials, and costs of GH15,000.
JUDGMENT
The Plaintiff on the 12th day of February, 2020, caused a writ of summons to be issued
against the Defendant and claimed for the following reliefs:
a) Specific performance of the contract so executed by the parties herein.
b) Damages for breach of contract
c) Recovery of the sum of Ninety-Two Thousand Eight Hundred and Forty Two
Ghana Cedis (GHȼ92,842.00) being moneys owed plaintiff.
d) Interest on the amount of Ninety-Two Thousand Eight Hundred and Forty Two
Ghana Cedis (GHȼ92, 842.00) at the Commercial Bank rate from the 1st day of
July till the date of last payment.
e) Recovery of the following items, 3 number wheel barrows, 1 coil of watering
hose, 4 heads pans, 4 shovels, one polytank, 50 pieces of 6 inches sandcrete
blocks and 150 pieces of 5 inches sandcrete blocks from the Defendant.
f) Cost occasioned by this suit.
It is the case of the Plaintiff that he is the landowner of the land on which the stores in
dispute are located at the Kasoa market and he is resident in Kasoa in the central Region
of the Republic Ghana. Whilst the Defendant is a building contractor and he is resident
in Kasoa in the central Region of the Republic Ghana.
According to the Plaintiff, he owns all that piece or parcel of land known as plot. NO.
269 C situated at Oduponkpehe-Kasoa Sector “10” Block in the Awutu Effutu Senya
District in the Central Region of the Republic Ghana boundaries where of commencing
from a survey, pillar marked SGC/KCE/2/01/1A to pillar SGC/ M454/ 15/ 4/ on a
breaking 335 48’ 15” at a distance measuring 25. 52 feet more or less thence from pillar
SGC/ M454/ 15/ 4 to pillar SGC/ M454/ 15/ 11 on a breaking 64 33’16 at a distance
measuring 25. 52 feet more or less from pillar SGC/ M454/ 15/ 1 on a bearing 160 19’ 19”
at a distance measuring 77. 76 feet more or less at a distance measuring 150.81 feet more
or less from pillar SGC/ M454/ 15/ 11 to survey pillar marked SGC/ KCE/ 2/ 01/ 2/ on a
bearing 182 22’ 45” at a distance measuring 7921.77 feet more or less thus enclosing an
area of 0. 256 or acre (0. 104 hectare).
The Plaintiff avers that on the 1st day of July, 2015, he and the Defendant executed a
contract agreement for the building of 36 stores on plot number 269 C at the Kasoa
Market known as Odupongkpehe-Kasoa.
The Plaintiff further avers that it was a term of the agreement that the Defendant builds
the stores and uses his allocated stores for a period of twenty years.
The Plaintiff contends that the De