[2010]DLCA7852February 11, 2010Court of Appeal

KAY SIMMONDS (PLAINTIFF/APPELLANT) vs. TRASACCO ESTATES DEVELOPMENT CO. (DEFENDANT/RESPONDENT)

HONYENUGA J.A. This is an appeal from the judgment of the High Court Fast Track Division, Accra dated the 17th day of October, 2008. Sometime in the year 2000, the plaintiff/appellant entered into an agreement with the Empire Builders Limited, a sister company of the defendant/respondent for a sublease of land. Thereafter, the plaintiff/appellant and the defendant/respondent entered into an agreement for the defendant/respondent to build a house on the said land at a total cost of one hundred and fifty-six thousand United States Dollars (US$156,000.00). Upon completion of the house, which is a three bedroom house with a boy’s quarters, the plaintiff/appellant moved into occupancy of the house. The plaintiff/appellant later detected several structural defects and poor architectural works on the building and despite all efforts to get the defendant/respondent to repair those defects, they ended in a fiasco. The plaintiff/appellant being aggrieved instituted action against the.....