[2024]DLCA17852 • November 28, 2024 • Court of Appeal
DR. HENRY AGYEMAN PREMPEH vs. METROPOLIS DEVELOPMENT LTD
Plaintiff purchased a yet-to-be-constructed 3-bedroom apartment at Villagio Vista Condominium for US$585,000, selecting a layout with three patios including one attached to the master bedroom on the 8th floor. After taking possession, plaintiff discovered the apartment had only two patios and smaller bedrooms than agreed. Plaintiff claimed breach of contract and sought compensation including a refund of 25% (later amended to 50%) of the purchase price, special damages for loss of rental income, interest, general damages, and costs. Defendant denied breach, asserting the apartment was built per approved plans and that plaintiff inspected and accepted the property before possession.
read moreJUDGMENT NOVISI ARYENE JA: This is an appeal against the decision of the High Court (Commercial Division) dated 14th December 2017, by which decision the plaintiff (the appellant herein) obtained part judgment for reliefs endorsed on the amended writ of summons. Dissatisfied with the decision, plaintiff is before us praying for an order to set aside the entire judgment and for all the reliefs endorsed on the amended writ of summons to be granted. In this appeal, the parties shall be referred to by the designations used in the court below. FACTS By an Agreement dated 10th of June 2010, plaintiff purchased a yet to be constructed 3 bedroom apartment at defendant’s Villagio Vista Condominium located at the Airport Residential Area Accra, for US$585,000. Per the terms of the Agreement, defendant was to build in accordance with the layout chosen by plaintiff. Out of the different apartment layouts presented for his consideration, plaintiff says he chose a layout with 3 large bedro.....