WILLINGS DONKOR & ANOR (PLAINTIFFS/APPELLANTS) vs. EMEFS CONSTRUCTION LTD. (DEFENDANT/RESPONDENT)

TORKORNOO, J. A: This appeal was filed against an order of the trial High Court, Accra, dated 6th June 2018 refusing to grant an application by the Plaintiff/Appellants (Appellants) for summary judgment against the Defendant Respondent (Respondent). The Respondent is a property development company and the Appellants are resident outside of Ghana. In the High Court, the pleadings and evidence presented established a chronological picture of the dealings between the parties. On 15th June 2011, the Respondent made an offer to the Appellants to build a three bedroom house at Mataheko on the Tema-Afienya Road. The house was priced at 252,000$ and accepted by the Respondent on 31st July 2011. By the terms of the agreement, the Appellants were to pay 50% of the contract sum on signing the contract, 25% when the construction of the house reached lintel level, and the remaining 25% when the keys were being handed over. Appellant averred that it duly paid 130,000$, representing 50% of ...