[2014]DLSC4579 • July 30, 2014 • Supreme Court •
CHARLES OSEI BONSU vs. DOROTHY ABOAGYE AND ABENA KONADU
The parties entered into an agreement on 20 March 2008 whereby the Plaintiff was to construct a three-storey building on the Defendants' land in Kumasi. The Plaintiff was to enjoy two-thirds of the building for 30 years, and the Defendants one-third for the same period, after which the Defendants would own the entire building. The Plaintiff was to finance and construct the building within specified timeframes. The Plaintiff partially constructed the building at a cost of GHc400,000 and US$1,000 but failed to complete it within the agreed period. The Defendants abrogated the agreement in May 2010. The Plaintiff sued to recover construction costs, continuing to lease and collect rent from the completed portions.
read moreSOPHIA ADINYIRA (MRS.) JSC (PRESIDING): Facts The parties entered an agreement on 20 March, 2008, under which: 1. Plaintiff was to construct a two-storey building on Defendants’ land on No. Plot 25, Block 11, Asokwa Residential Area, Kumasi, containing: a. 25 storerooms on the ground floor, b. 25 storerooms on the first floor, c. A residential apartment on the second floor. 2. Plaintiff was to enjoy 2/3 of the building for 30 years from the date of completion of the ground and first floors. Defendants were to enjoy 1/3 of the building for 30 years, and the whole building after 30 years from the date of completion. 3. Plaintiff was to apply his own financial resources, labor, materials and equipment. 4. Plaintiff was to complete the ground and first floors within 2 years from March 20, 2008, and the second floor within 1 year from the completion of the ground and first floors. Pursuant to the agreement, Plaintiff demolished an old structure on the premises and partially co.....