[2018]DLHC3345 • February 23, 2018 • High Court
MAXWELL OPPONG vs. COMMERCIAL INVESTMENTS LIMITED.
The plaintiff, Maxwell Oppong, entered into an agreement with the defendant, Commercial Investments Limited, in January 2006 for the purchase of a three-bedroom house at Fair Havens, East Legon Hills, at a price of $58,179. The agreement required a 2% commitment fee and monthly installment payments. The plaintiff paid an initial sum of $1,200, exceeding the commitment fee, and was promised possession earlier than originally agreed. Despite payments, the defendant failed to complete the house by the promised date of June 2007. Subsequent agreements were made with additional payments by the plaintiff, but the defendant failed to fulfill its obligations, leading the plaintiff to take possession and complete the house himself, incurring additional costs.
read moreBy a writ of civil summons issued on the 11th May 2015, the plaintiff claims against the defendant: a. Immediate and unconditional transfer of ownership and title of the house to the Plaintiff as per the master Agreement executed. b. Cost for bringing this action including solicitor fees. The writ was accompanied by a statement of claim. After entry of appearance, the defendant filed a statement of defence in which it also counterclaimed against the plaintiff for Damages for loss suffered by the defendant arising from the plaintiff unilaterally taking possession of and completing the building the subject matter of this suit. After the failure of pre-trial settlement, the parties filed their respective witness statements, whereupon, the matter was set down for trial at which each party gave evidence per a witness and closed their case. From the pleadings, the court finds that the defendant does not dispute the fact that in January 2006, the parties entered into an agreem...