SOWAH vs. BANK FOR HOUSING AND CONSTRUCTION AND ANOTHER

The appellant, a building contractor, entered into a contract dated 8 November 1974 with the second respondent (owner) to construct a building for ¢12,400. The first respondent (Bank for Housing and Construction) was named as agent of the owner and financed the project. A tripartite agreement was later entered on 3 May 1975 between the contractor, owner, and bank to facilitate financing and control. The contractor claimed unpaid sums for completed work, extra work ordered by the owner, price fluctuations due to inflation, and wages for watchmen protecting the property after completion. The bank and owner disputed liability for some claims, citing contract terms and lack of certification. The contractor sought payment and damages for breach of contract.

JUDGMENT OF APALOO C.J. I agree with the judgment to be read by my brother Taylor J.S.C. that the appeal should be allowed and have nothing to add. JUDGMENT OF TAYLOR J.S.C By his writ, the plaintiff-appellant instituted an action on 30 April 1976 at the High Court against the first and second defendants-respondents jointly and severally for: “(a) ¢11,717 being the cost of work he claimed to have completed under a building contract dated 8 November 1974 and 3 May 1975 as varied by the second defendant, the owner of the building. (b) ¢12,173 being extra work constructed outside the contracts at the request of the first defendant. (ii) Wages for day and night watchman at ¢150 per month from 1 October 1975 to 30 June 1977 and ¢250 per month from 1 July 1977 to date of judgment. (c) Damages for breach of contract.” The second defendant set up in defence a counterclaim of ¢2,366 and at the High Court, the plaintiff’s claims against the defendants were dismissed and ju...