BEN YAW OBENG vs. STATE HOUSING CO. LTD.

The Respondent applied in 1979 to the Appellant for a hire purchase of a house type SH3 at Dansoman, Accra, paying an initial deposit of ¢19,000. The contract included a clause allowing price adjustments due to increases in building costs. The Appellant delayed delivery beyond the promised three years, informing the Respondent in 1979 of a delay of at least three years due to shortages. The Respondent paid an additional ¢5,000 in 1980 after being assured the price increase would not exceed ¢3,000. Despite this, the house was not delivered by 2002 when the Respondent filed suit. The Appellant claimed the payments were deposits and that the Respondent failed to attend a meeting in 1991. The High Court awarded the Respondent the current value of the house, damages, and costs. The Appellant appealed.

MARFUL-SAU, J. A. This is an appeal against the judgment of the High Court Accra dated the 29th October 2004. The Plaintiff/Respondent in his writ commencing the action claimed the following reliefs:— a) An order for specific performance directed at the Defendant to deliver a House Type SH3 situated at Dansoman, Accra to the Plaintiff by reason of a contract dated 11th January 1979. b) In the alternative the recovery of the purchase price for a similar house type at Dansoman, Accra at its current value. c) Damages for breach of contract. d) Cost. The brief facts of the case are as follows. The Plaintiff herein called the Respondent in his desire to own a house applied to the Defendant to acquire house type SH3 at Dansoman, Accra in 1979. The Respondent was made to complete Exhibit 1 which is a form headed “Application for Hire Purchase House”. On this form the Respondent indicated that he was prepared to pay a deposit of ¢19,000.00. The overleaf of this form Exh...