AYEBI J.A.
1. This appeal is against the judgment of a Kumasi High Court dated 22nd July 2005. Defendant/appellant is the owner of H/No.OTB 401, Adum, Kumasi. He wanted the house to be re-developed or rebuilt. Plaintiff/respondent agreed to undertake the project on terms. The terms of the agreement were reduced into writing and executed by the parties on 1st June 2004.
2. The obligations and rights of the plaintiff/respondent as the Estate Developer under the agreement headed Building Construction Agreement are:
(1) To obtain a building permit from his own resources in respect of the property.
(2) To pull down the one storey structure on the plot and develop same into a four (4) storey house at his own expense.
(3) To develop the ground and first floor into shops as well as the second floor at his own expenses and use same for thirty (30) years effective from the date of completion of the property and give two (2) store rooms on the ground floor to the landlord.
(4) To develop the third flo…