BENDA vs. AWUKU

JUDGMENT OF ANNAN J.A. The defendant-appellant, a building contractor, hereinafter referred to as the builder, disputes the quantum of damages awarded the plaintiff-respondent, a building owner, hereinafter referred to as the owner, for breach of a building contract. By the terms of the contract the builder undertook to carry out certain specific works in the uncompleted building of the owner mainly for the purpose of finishing the interior of the building in the manner specified by the owner. The sum of ¢21,555 was agreed upon as the price for all the works, details of which were also agreed. The contract was not fully performed by the contractor. He had received a total of ¢13,780 out of the agreed price by 31 December 1971. The contract was entered into in early 1971. An additional sum of ¢2,000 was paid to the contractor in 1972. According to the owner the work was to be completed by 31 December 1971. This the contractor denied. There is no dispute that by that date t...