Yaw Vrs State Housing Co Ltd [2008] GHACA 17 (17 April 2008)

Yaw Vrs State Housing Co Ltd [2008] GHACA 17 (17 April 2008)

The appellant breached the contract by failing to deliver the house within the agreed period. The award of the current value of the house was set aside for lack of evidence, but the respondent is entitled to be paid the actual current value of a SH3 house in Accra, to be determined and filed by the appellant. Damages were set aside due to lack of evidence of loss. The award of costs was reasonable given the circumstances.

Citation
[2008] GHACA 17
Parties
Plaintiff/respondent: Ben Yaw Obeng; Defendant/appellant: State Housing Co. Ltd.
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
17 April 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed in part; awards for current value and damages set aside; respondent to be paid actual current value of SH3 house as determined and filed by appellant; costs award upheld.
Legal Topics
Specific Performance, Breach of Contract, Damages, Award of Costs
Source Language
English
Contract Law Real Estate Law Specific Performance Breach of Contract Damages Award of Costs

Case Brief

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Parties

Ben Yaw Obeng

Plaintiff/respondent

State Housing Co. Ltd.

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant breached the contract to deliver house type SH3 to the respondent
  2. 2 Whether the trial court erred in awarding the current value of the house without evidence
  3. 3 Whether damages and specific performance can be awarded concurrently

Ratio Decidendi

The appellant breached the contract by failing to deliver the house within the agreed period. The award of the current value of the house was set aside for lack of evidence, but the respondent is entitled to be paid the actual current value of a SH3 house in Accra, to be determined and filed by the appellant. Damages were set aside due to lack of evidence of loss. The award of costs was reasonable given the circumstances.

Court Disposition

Appeal dismissed in part; awards for current value and damages set aside; respondent to be paid actual current value of SH3 house as determined and filed by appellant; costs award upheld.

Orders

  • Appellant to file in court within 14 days the actual value as at April 2008 of a SH3 house in Accra and pay same to respondent.
  • Awards of ¢175,000,000 (current value) and ¢20,000,000 (damages) set aside.