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…

ADAE V. EYIAH

ADAE
V.
EYIAH