[1964]DLSC1946 • June 30, 1964 • Supreme Court •
PRAH & OTHERS vs. ANANE
The appellants agreed in writing to demolish the respondent's seven-room house to build a market and to erect a new seven-room house for the respondent as a substitute. The appellants demolished the house and built the market but failed to erect the new house as promised despite repeated requests by the respondent. The appellants contended the original house was incomplete and that they built a two-room house for the respondent, ready for occupation in 1962, blaming delay on the respondent's failure to select a site.
read moreJUDGMENT OF MILLS- ODOI J.S.C. Mills-Odoi J.S.C. delivered the judgment of the court. This is an appeal against the judgment of the High Court, Kumasi, delivered by Apaloo J. (as he then was) on 27 May 1963, allowing the respondent’s claim for damages for breach of contract. The facts in this case are simple, straightforward and free from any complexity. By an agreement in writing dated 3 June 1958, and made between the appellants and the respondent, the respondent reluctantly allowed her seven-room house to be pulled down by the appellants in order that the site would be used by the Amansie East District Local Council for the purpose of building a market. By the same agreement which was tendered in evidence at the trial as exhibit A, the appellants promised to erect for the respondent, as a substitute, a “new house containing seven rooms in small sizes each” and reserved to the respondent a right of action in the event of default on the part of the appellants. According to t...