LUJA DEVELOPMENT LTD vs. LOTUS CORP [2019]DLHC6902

Date	2019-02-11
Suit No.	SUIT NO: GJ/482/2017
Citation No.	[2019]DLHC6902

HIS LORDSHIP ERIC KYEI BAFFOUR ESQ. JUSTICE OF THE HIGH COURT

[2019]DLHC6902
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													<main id="main" class="content" style="min-height: 60rem" >LUJA
DEVELOPMENT LTD<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>LOTUS
CORP<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO: GJ/482/2017&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; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 11TH
FEBRUARY, 2019<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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HIS LORDSHIP, ERIC KYEI BAFFOUR, ESQ., JUSTICE OF THE
HIGH COURT<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>By virtue of a sale agreement dated the 10th
of October, 2014, Plaintiff agreed to purchase three houses numbered 007, 009
and 010 situate at a prime and plush area of Cantonment, Accra near the US
embassy, &nbsp;called ICON project, managed by
Defendant with the purchase price for the three projects being US$1,520,000.
Defendant provided a limited warranty for the structural integrity of the three
houses by undertaking to repair or replace defects caused by work improperly
carried out by Defendant. It is further not in dispute that Plaintiff made a
total payment of US$1,180,298 for&nbsp;&nbsp;
properties 009 and 010 and part payment for Unit 007.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff upon being granted access to the
three properties, claim to have noticed several defects with two of the houses
that were handed over by the Defendant, being Units 09 and 10. Plaintiff cite
the swimming pool that was constructed had serious, if not dangerous structural
defects which he claim were brought to the attention of the Defendant. That its
hopes had been dashed as contrary to its expectation as per the contract
Defendant has failed to remedy the defects it brought to its attention.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff contend that with the failure of
the Defendant to remedy the defects, it had to expend Gh¢372,000 to undertake
the repairs in order to mitigate its losses. And that Defendant was in the
process of selling Unit 007 to a third party in breach of the agreement between
them. To Plaintiff it has been denied access to the property it has partly paid
for and Defendant was ready to abrogate the contract and these were enough to
provoke Plaintiff to cause the issuance of the writ seeking the following
reliefs:<o:p></o:p><o:p>&nbsp;</o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order for specific performance of the contract for the sale of Unit 007, ICON
project, No 20A, 2nd Circular Road, Cantonments, Accra.<o:p></o:p><o:p>&nbsp;</o:p>ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order compelling Defendant to pay for the repair and replacement of all defects
occasions [sic] by the work improperly carried out by the Defendant with
respect of Unit 007, 009 and ‘010’ situate at the ICON project, 205, 2nd
Circular road, Cantonments, Accra including refund of Gh¢372,000 already
incurred by Plaintiff to correct some of the defects in the house including the
swimming pool.<o:p></o:p>iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order of injunction restraining the Defendant, its agents and assigns from
selling, dealing or interfering with Unit 007 of the ICON project pending the
final determination of this suit.<o:p></o:p><o:p>&nbsp;</o:p>iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
</sp</main>