SOWAH J.S.C.: The facts of this case are uncomplicated and straightforward. The respondents (hereafter called the plaintiffs) Madam Ama Fosua and her husband Kwaku Bo, also known by several other names including Major K.K. Biney of the Ghana Army, are man and wife. And the appellant company (hereafter called the defendant) is a real estate developing company and operates under the name and style of Real Estate Developers Ltd.
The plaintiffs being desirous of acquiring housing properties approached the managing director of the defendant company which was building houses in Tema. The approach was made by Ama Fosua who from the evidence knew the defendant’s managing director prior to the transaction which had brought the parties to court.
The plaintiffs both negotiated with the defendant’s managing director for the purchase of a house each. Madam Ama Fosua paid the sum of ¢245,000 for her house and the second plaintiff Kwaku Bo paid ¢255,000 for his. The houses were uncompleted at the tim…