SAMUEL vs. STATE HOUSING CO [2001]DLHC1264

Date	2001-07-26
Suit No.
Citation No.	[2001]DLHC1264

QUAYE J

ADOMAKO KWAKYE FOR THE PLAINTIFF.

JOE OSEI OWUSU FOR THE DEFENDANT.

[2001]DLHC1264
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">SAMUEL<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">STATE HOUSING CO<o:p></o:p>[HIGH
COURT, KUMASI]<o:p></o:p>[2001-2002]
1 GLR 570<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:<o:p></o:p>ADOMAKO
KWAKYE FOR THE PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JOE
OSEI OWUSU FOR THE DEFENDANT. <o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Quaye J. <o:p></o:p>In
or about March 1995, the plaintiff went to the premises of the
defendant-company in Kumasi and expressed his intention to purchase an estate
house. The defendant-company was a statutory corporation which built houses and
provided accommodation to interested members of the Ghanaian public who either
hired them on rentals or purchased and owned the said houses.<o:p></o:p>On
the day in question, as stated, the receptionist of the defendant-company in
Kumasi directed the plaintiff to the estate manager of the company in the
person of one Christiana Boateng. The said officer or agent of the defendant
company asked the plaintiff to go and inspect house No E 161, Airport
Estates/Buokrom Estates. Upon inspection, the plaintiff was pleased with the
said house, and so indicated that fact to the estate manager. The selling price
of the said house was quoted and the plaintiff paid ¢11.5 million in full
settlement of the purchase price. He was however not issued any receipt in
evidence of the payment. When, and at any time that the plaintiff asked about
the receipt, he was told by the estate manager that the area director who
would, in accordance with the policy of the defendants, endorse or countersign
the receipt when it was issued, had travelled abroad for studies. She always
assured him that the receipt would be issued shortly upon the return and
assumption of duty by the area director.<o:p></o:p>The
plaintiff was however not totally bereft. He was issued with exhibit A, an
introductory letter to the Electricity Co of Ghana and the Ghana Water Co Ltd,
companies which served the dual purpose of identifying the plaintiff as the
purchaser of the disputed house, and also a request to both companies to
provide electricity and water supply to the house. As a demonstration of
further commitment by the defendant-company, acting through the estate manager,
Christiana Boateng, a sub-contractor of the defendant-company known as Akokotre
Construction Co Ltd were detailed to complete and render the subject house
habitable. The said construction company was supplied the necessary materials
from the defendant-company’s store at North Suntreso by their storekeeper.<o:p></o:p>The
second plaintiff witness, the managing director of Akokotre Construction Co Ltd
gave evidence to the effect that his company having been so mandated by the
defendant-company, fixed louvre blades, electrical fixtures, plumbing fixtures
and door locks to the house. During the final works, the second plaintiff
witness requested the plaintiff who had been introduced to him as the purchaser
of the house by the estate manager of the defendant-company, to either employ a
watchman or let somebody live in the house to serve as a disincentive to
thieves who might otherwise be attracted by the fixtures and fittings.<o:p></o:p>In
response to this invitation, the plaintiff initially allowed the first
plaintiff witness to live in the house. Subsequently, two Roman sisters (one of
them being the third plaintiff witness) joined the first plaintiff witness to
occupy the house. The first plaintiff witness indeed lived in the house from
September 1995 until February 1997. Apparently, she was joined by the said
Roman sister in October 1995. The plaintiff personally lived in the house from
May 1996.<o:p></o:p>