REDCO LTD. vs. SARPONG

This is an appeal from the decision of the High Court, Accra presided over by Dove J. The facts are that sometime in 1980 the plaintiff-respondent agreed to buy a two-bed-room flat (type C) from the defendant-appellant, a company engaged in the construction and sale of residential accommodation to interested customers. The completed flat agreed on cost ¢72,000. In November 1980 the respondent made a first down payment of ¢19,000 to clinch the deal. The balance was to be paid only after the flat had been completed. The appellant, however, by a letter, exhibit A, dated 16 March 1981 informed the respondent that the flat in question would be ready for conveyance to him on 31 December 1981, and so he should pay a second instalment of ¢31,400. The respondent promptly agreed and even paid ¢32,000 thus leaving an unpaid balance of ¢21,000. It may be useful here to recite some relevant portions of exhibit A: “We expect to complete the flat by the end of 1981. We expect to receive yo...