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TROPICAL LINK CONDOMINIUM LTD.
V.
PHILOMENA MENSAH & REGENT CAMPION

(2016) JELR 108405 (HC)

High Court 26 Feb 2016 Ghana
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- The court found no evidence of a collateral agreement to vary the written contract for construction of a four-bedroom house at a maximum cost of CAN$65,000; Plaintiff’s claim for additional sums due to unilateral variation was dismissed.

Case Details

Suit Number:AC424/2015
Judges:P. BRIGHT MENSAH J.
Counsel:ANDREW APPAU OBENG FOR THE PLAINTIFF; ERIC ASUMAN-ADU FOR THE DEFENDANTS.

JUDGMENT

MENSAH J.

At the instance of the Plaintiff, a writ of summons was sealed in this registry on  26/09/2012 and endorsed with the following reliefs: 

1. recovery of the sum of CAN$19,390.00 being the amount of money spent by the Plaintiff in converting her house into a 5 bedroom guest house; 

2. interest on the above sum of money from October 2009 to the date  of final payment; 

3. cost inclusive of Solicitor’s fees. 

The defendants responded by entering appearance and filing a common defence to the  claims of the Plaintiff.  

On record, the defendants obtained leave of the court to amend their defence and added  a counterclaim that runs as follows:- 

a. a declaration that the Plaintiff is in breach of contract to build an inhabitable four (4) bedroom house at a cost which must not exceed Sixty Five Thousand Canadian Dollars (CAN$65,000.) it (sic) its cedi equivalent.

b. a further declaration that the Plaintiff failed to obtain a building permit before constructing the said house and a…

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