ADAE vs. EYIAH [1972]DLHC2183

Date	1972-07-18
Suit No.
Citation No.	[1972]DLHC2183

ABBAN J.

KOFI ACQUAAH FOR THE PLAINTIFF.

DR. EKOW DANIELS FOR THE DEFENDANT.

[1972]DLHC2183
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													<main id="main" class="content" style="min-height: 60rem" >ADAE <o:p></o:p>vs. <o:p></o:p>EYIAH<o:p></o:p>&nbsp;[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] 2 GLR 358<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
18 JULY 1972.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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KOFI ACQUAAH FOR THE PLAINTIFF.<o:p></o:p>

DR. EKOW DANIELS FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ABBAN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>In this
action the plaintiff claims from the defendant the sum of ¢10,000.00 being
special and general damages for breach of contract, or for negligence in
carrying out the terms of the said contract.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff, in her paragraph (9) of the statement of claim, gave particulars of
the ¢10,000.00 damages. She contended that the amount of ¢6,000.00 is the
advance which she paid to the defendant in pursuance of the said contract, and
the sum of ¢1,800.00 represents the expenses which she would incur in
demolishing the constructional work so far done by the defendant on her land.
It is therefore obvious that the remaining amount of ¢2,200.00 represents
general damages.<o:p></o:p><o:p>&nbsp;</o:p>The case
arose out of a building contract by which the defendant agreed to build for the
plaintiff a house, on the plaintiff’s plot of land situated at Abetifi, for the
lump sum of £G4,600. The construction was to be completed within six months
from the date of the contract. The terms of the contract were embodied in a written
agreement, exhibit A, and it was dated 1 February 1965. The plaintiff in her
evidence alleged that in accordance with the terms of the agreement she
advanced to the defendant various sums of money. In addition, she gave to the
defendant ten packets of iron sheets. The value of those iron sheets together
with the sums of money paid to the defendant amounted to £G3,000. The plaintiff
said the building was to be constructed according to a certain building plan
which was tendered in evidence as exhibit C. The building plan was made in the
name of the plaintiff’s daughter, and the house to be built was to contain
twenty rooms, ten rooms on the ground floor and ten rooms on the first floor.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said the defendant did not construct the building according to the
said building plan, exhibit C. The building constructed by the defendant
contained only ten rooms, five rooms on each floor, and the constructional work
was carried out so badly that the defendant was ordered by the building
inspector at Nkawkaw to discontinue the work. The plaintiff then summoned the
defendant to a meeting at which a Mr. Dodd and one Kofi Safo were present. At
this meeting, the defendant was asked to construct the building properly but he
refused to do so.<o:p></o:p><o:p>&nbsp;</o:p>Long
before hearing of the case commenced, the district superintendent in charge of
the maintenance section of the former G.N.C.C., a Mr. Osei, was on the
application of the plaintiff appointed by this court to inspect the building
and to submit his findings to the court in the form of a report. The said
report was tendered in evidence as exhibit X. Mr. Osei did his inspection in
the presence of the parties and their respective lawyers. He said he was never
shown the approved building plan of the house in dispute. Neither was he shown
any “specifications” of the building, such as the number of iron rods to be put
in a column, lintols, beams, floors and the general composition of aggregate
(the mixture of sand, cement and stones). These “specifications” should have
been embodied in a separate document. In the absence of these “specifications,”
Mr. Osei had to assess his findings in accordance with the accepted building
regulations; and his report covered the physical aspect of the building as it
stood at the time of the said inspection.<o:p></o:p><o:p>&nbsp;</o:p>