(1979) JELR 65297 (HC)    
High Court  ·  28 Jun 1979 ·  Ghana
Other Citations
[1978] GLR 390
Core Terms Beta
building materials
building contract
exhibit b
exhibit c
breach of contract
end of september
cost of building materials
clear indication
complete work
construction of the building
defendant’s building
exhibit a
good cause
letter of termination
original contract price
third floor
abandoned work
abandon work
additional cost
building operations
circumstances of this case
complete construction
complete construction of his house
date of execution
delay of the works
fourth floor
further evidence
general principles
last advance
managing director of the plaintiff-company
messrs. ahey ltd.
original contract
original total cost of construction
part of the money
plaintiff company
plaintiff’s claim
plaintiffs’ evidence
pleaded case
prices of materials
quality of the work
said breach
site of operations
spite of the defendant
state of the building
two-storey building
view of the fact
written contracts

ANSAH-TWUM J.: The plaintiff’s claim against the defendant is for the sum of ¢28,021 which is set out as follows:

“(a) ¢18,000 being the balance or damages or both due on a building contract between themselves and the defendant and which the defendant unilaterally terminated; and,

(b) The sum of ¢10,021 being the cost of building materials belonging to the plaintiff company and which the defendant collected from the site of operations at the time he terminated the contract.”

In his pleading, the defendant denied liability and pleaded further that the original contract price was ¢100,000 but was later on mutually varied upwards to ¢120,000 because of a rise in prices of materials at the time, and he paid thereon a total of ¢102,000. The defendant continued in paragraphs (4), (5) and (6) of his statement of defence:

“(4) The defendant says that for no apparent reason the plaintiffs thereafter abandoned work on the defendant’s building and in spite of the defendant’s protestations the plain…

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