[2023]DLHC16044 • January 31, 2023 • High Court
AURELIA ARYEE vs. ROYAL PRESTIGE HOUSING COMPANY LIMITED
The plaintiff, a Ghanaian businesswoman, entered into a Sales Agreement with the defendant, a real estate company, in 2017 to purchase a building at Palace Court, Kwabenya for GH₵340,000. Due to alleged structural defects, the defendant proposed a replacement property at Tower Court Annex 3, Pokuase, which the plaintiff accepted and paid GH₵185,000 (40% of the cost). The defendant failed to complete construction within the agreed time, prompting the plaintiff to demand a refund, which the defendant refused to pay in full, offering instalments less a 7% administrative charge. The plaintiff sued for full refund plus interest and costs. The defendant counterclaimed for breach of contract and damages.
read more1] PARTIES Plaintiff is a businesswoman who lives in Ghana while the defendant is a Company incorporated under the laws of Ghana, operating in the business of Real Estate Development. 2] PLAINTIFF’S CASE 3] Plaintiff’s case is that she entered a Sales Agreement with the Defendant in 2017 for the purchase of a building property located at Palace Court, Kwabenya, at a cost of GH₵ 340,000.00. 4] Plaintiff claims that by a letter dated 14th May, 2019, the Defendant made a proposal to offer her a different building at Tower Court Annex 3, Pokuase, at the same price as the initial property and under the same terms and conditions. She accepted the proposal and made payment of GH₵185,000, which comprises 40% payment of the cost price in compliance with Clause 11 of the Sales Agreement, as well, as other costs in relation to the acquisition of the said building. Plaintiff claims payment of the said amount was spread over a period of time 5] According to plaintiff, when defendant...