AHEY LTD. vs. ARTHUR

JUDGMENT OF AMUA-SEKYI J.A. Amua-Sekyi J.A. (delivering the first judgment at the invitation of Osei-Hwere J.A.). In April 1977 the plaintiff, Sarah Arthur, and the defendants entered into a building contract whereby the defendants agreed to construct for the plaintiff a two-storey block of three flats at Windy Ridge, Takoradi at a cost of ¢189,000. Construction was to be completed within ten months from the date of commencement of operations which was to be taken as the date on which the building permit was obtained. On the pleadings the parties are agreed that building operations were begun on 18 October 1977 and that the date for completion was 17 August 1978. By February 1980 the building had not been completed although the plaintiff had paid to the defendants the full value of the contract. On 6 February the parties met and agreed upon a variation of the contract by conversion of the roofing from aluminium to reinforced concrete. It was agreed that a further sum of ¢50,000 be.....