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GLORIA NYAMEKYE
V.
21ST CENTURY CONSTRUCTION LTD

(2017) JELR 64271 (HC)

High Court 24 Jul 2017 Ghana
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- Court found the Defendant in breach of contract for failing to deliver a completed house despite full payment; Defendant’s excuse of land encroachment was unproven and insufficient. - Ordered specific performance: Defendant must convey th

Case Details

Suit Number:SUIT NO.BMISC 958/2015
Judges:KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT
Counsel:MR. SAM WOOD FOR THE PLAINTIFF ,MR. ANTHONY LARTEY HOLDS STEPHEN BEKOE’S BRIEF FOR THE DEFENDANT
Other Citations:(2017) JELR 64267 (HC)

JUDGMENT

i. Introduction:

[1] The Plaintiff, Gloria Nyamekye, a retired Nurse-Midwife agreed with the Defendant Construction Company for the purchase of a two bed-room executive house and paid the full purchase price agreed upon in 2013. According to the Plaintiff the Defendant agreed to hand over the property to her in two months but four years after the house is still not delivered. The Defendant says after receiving the purchase price it encountered problems including encroachment on a large tract of its land earmarked for the construction and it duly informed the Plaintiff. The issues for my resolution in this case are: whether the Plaintiff entered into the purchase agreement with the Defendant, whether the Plaintiff is entitled to the relief of specific performance and whether the Plaintiff is entitled to recover costs of rent incurred because the Defendant failed to deliver the house on time.

[2] Having failed to deliver the house further to the agreement reached the Plaintiff iss…

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