[2018]DLHC3292 • November 23, 2018 • High Court
AUGUSTINA ENGMANN vs. PELICAN GROUP LTD
Plaintiff, owner of land and building at Dzorwulu, Accra, leased the property to Defendant for 50 years with the obligation that Defendant would develop a modern residential complex with two levels of car parking within 24 months after sod cutting. Defendant demolished existing buildings but failed to commence construction, citing delays in obtaining permits from Accra Metropolitan Assembly (AMA) and technical issues such as a high water table. Plaintiff claimed breach of contract for failure to develop, sought termination of lease, reimbursement for demolished property, mesne profits, damages, and costs.
read morePlaintiff claims against the Defendant in her writ the following: i. A declaration that under and by virtue of the contract for the lease of all that piece and parcel of land measuring 0.23 acre together with building thereon situate at Dzorwulu, Accra, made on the 16th September, 2013 between Plaintiff as the lessor and Defendant as lessee of the other part, Defendant was enjoined to develop real property on the parcel of land and which project involved the redevelopment of property into a modern complex of apartments (‘residential units’) and two (2) levels of car parking space. ii. A declaration that under and by virtue of the contract for the lease of all the piece or parcel of land made on 16th September, 2013, between Plaintiff and Defendant, Defendant was obligated to complete the construction of the project in not more than twenty-four (24) months after cutting sod, and if Defendant was unable to complete the project within the specified period an extension of time of...