[2019]DLHC8989 • July 25, 2019 • High Court
LEILA ARTHUR vs. MAGNA TERRIS LTD.
A brief facts of this case are that the Plaintiff is a banker with Ecobank, while the Defendant is a Real Estate Developer. The Defendant offered a three bedroom detached house to the Plaintiff at Heavens Cottage, Oshiokpo-Dawhenya near Community 25, Tema on terms agreed upon by the parties. Part of the monies were paid at various stages of the construction. The Defendant contended that the Plaintiff did not comply with the payment schedule, hence interests accrued as per their arrangements. On the other hand, it is the case of the Plaintiff that although she had fully paid for the building, the Defendant has failed to hand same to her. It was as a result of this misunderstanding that the Plaintiff filed this suit. In the writ of summons issued from the Registry of this Court on 16th May 2017, the Plaintiff sought the following reliefs: a. An order for specific performance of the agreement dated May 13, 2014 for the handover and transfer to the Plaintiff of the three bedroom house at ...