[2006]DLSC2431November 8, 2006Supreme Court

PATRICK BARKERS-WOODE vs. NANA FITZ

DR. DATE-BAH, J.S.C: The Plaintiff’s story, as set out in his statement of claim, was that he owned a piece of land near Achimota, Accra, and, around 1991, agreed with the Defendant that he should construct a building for the Plaintiff on that piece of land. The agreed price for this service was 17 million cedis. The Plaintiff paid, in 1991, through his father, 14 million cedis out of this agreed price to the Defendant. The Plaintiff claimed that by 1994 the building had been roofed and he put a caretaker into it, pending the final completion of the construction. When at this point the Defendant demanded payment of 3 million cedis, being the balance of the agreed contract price, the Plaintiff rejected the demand, arguing that by the terms of the agreement the balance was to be paid when the building had been completed and the keys handed over to him. The Defendant then threatened to sell the building, started showing prospective purchasers around the property and harassed t.....