Muller Vrs Messrs Home Finanace Company [2012] GHASC 52 (14 November 2012)

Muller Vrs Messrs Home Finanace Company [2012] GHASC 52 (14 November 2012)

Where a seller fails to deliver title to property sold, the buyer is entitled to the current market value of the property as damages, not merely a refund of the purchase price plus interest. This restores the buyer to the position he would have been in had the contract been performed.

Citation
[2012] GHASC 52
Parties
Plaintiff/respondent/appellant: Lt. Col. Kuure Muller; Defendant/appellant/respondent: Messrs Home Finance Company
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 November 2012
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal allowed in part; High Court judgment restored
Legal Topics
Breach of Contract, Damages, Auction Sales, Title to Land
Source Language
English
Contract Law Property Law Breach of Contract Damages Auction Sales Title to Land

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Parties

Lt. Col. Kuure Muller

Plaintiff/respondent/appellant

Messrs Home Finance Company

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the plaintiff is entitled to only $40,000 plus interest or the current market value of the house sold but undelivered
  2. 2 Appropriate measure of damages for breach of contract in sale of land where title fails

Ratio Decidendi

Where a seller fails to deliver title to property sold, the buyer is entitled to the current market value of the property as damages, not merely a refund of the purchase price plus interest. This restores the buyer to the position he would have been in had the contract been performed.

Court Disposition

appeal allowed in part; High Court judgment restored

Orders

  • Defendant to pay plaintiff the present day open market value of a comparable 5-bedroom house as at the date of judgment, not just the original purchase price plus interest.