[1980]DLCA1618 • December 18, 1980 • Court of Appeal
QUAGRAINE vs. ADAMS
The plaintiff (respondent) and defendant (appellant) are Fantis from the same family. The defendant promised to convey a plot of land to the plaintiff, who began building a house on it based on this promise. The defendant later revoked the promise and stopped construction, deciding to build on the land herself. The plaintiff sought specific performance or damages for expenses incurred. The trial court found no enforceable contract but awarded the plaintiff damages for the value of the building constructed.
read moreJUDGMENT OF MENSA BOISON J.A. The point for decision in this appeal is whether the respondent, who built a house gratuitously on the appellant’s land, is entitled to recover the money spent on the construction. It is only necessary to state briefly the facts found by the trial Circuit Court, Cape Coast, to enable an appreciation of the issue posed. Both the appellant (hereafter called the defendant) and the respondent (hereafter called the plaintiff) are Fantis and belong to the same family at Saltpond. The plaintiff who was orphaned at a very tender age, was adopted (informally) by a relation, Aba Nyamoaba, the mother of the defendant. Consequently, the plaintiff and the defendant grew up together under the same parental nurture and care, and regard each other as a brother and sister. Some time in 1969, the plaintiff, who had made good as a pharmacist at Dormaa-Ahenkro visited home, and expressed to the defendant and other members of the household, including Aba Nyamoaba, his desir.....