ADAE
V.
EYIAH

(1972) JELR 63915 (HC)    
High Court  ·  18 Jul 1972 ·  Ghana
 · 
Other Citations
[1972] 2 GLR 358
CORAM
ABBAN J.
Core Terms Beta
defendant
plaintiff
evidence
exhibit
mr. osei
building inspector
building site
building plan
case
general damages
prices of building materials
breach of contract
constructional work
exhibit c
extrinsic evidence
written agreement
building materials
present case
storey building
plaintiff’s plot
terms of the agreement
accepted building regulations
building contract
building contractor
charge of the maintenance section of the former g.n.c.c.
clear indication
complete performance of the building contract
defendant’s case
district superintendent
exhibit x. mr. osei
form of a report
good sense
ground floor
hearing of the case
judgment of the defendant
labour costs
material time
mr. dodd
name of the plaintiff
part of the balance
plaintiff claims
presence of the parties
pursuance of the said contract
reasonable time
reply paragraph
said building plan
said report
such cases
terms of the said contract
time of the said inspection

ABBAN J.: In this action the plaintiff claims from the defendant the sum of ¢10,000.00 being special and general damages for breach of contract, or for negligence in carrying out the terms of the said contract.

The plaintiff, in her paragraph (9) of the statement of claim, gave particulars of the ¢10,000.00 damages. She contended that the amount of ¢6,000.00 is the advance which she paid to the defendant in pursuance of the said contract, and the sum of ¢1,800.00 represents the expenses which she would incur in demolishing the constructional work so far done by the defendant on her land. It is therefore obvious that the remaining amount of ¢2,200.00 represents general damages.

The case arose out of a building contract by which the defendant agreed to build for the plaintiff a house, on the plaintiff’s plot of land situated at Abetifi, for the lump sum of £G4,600. The construction was to be completed within six months from the date of the contract. The terms of the contract were embodied…

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