SULEMANA RASHID IDDRISU VRS ELITE PROPERTIES LIMITED (GJ/0970/2020) [2024] GHAHC 99 (26 April 2024)
Plaintiff failed to prove, on the balance of probabilities, that the apartment had structural defects or that there was an express or implied contractual term warranting fitness for habitation. No expert evidence was provided. No breach of contract was established. Caveat emptor applies.
- Citation
- SULEMANA RASHID IDDRISU VRS ELITE PROPERTIES LIMITED (GJ/0970/2020) [2024] GHAHC 99 (26 April 2024)
- Parties
- Plaintiff: Sulemana Rashid Iddrisu; Defendant: Elite Properties Limited
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 26 April 2024
- Procedural Posture
- Civil / Final Judgment After Trial
- Outcome
- Plaintiff's claim dismissed
- Legal Topics
- Breach of Contract, Implied Terms, Caveat Emptor, Structural Defects, Burden of Proof
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Sulemana Rashid Iddrisu
Plaintiff
Elite Properties Limited
Defendant
Procedural Posture
Civil / Final Judgment After Trial
Legal Issues
- 1 Whether the property sold to the Plaintiff by the Defendant had structural defects
- 2 Whether the Defendant is in breach of an agreement with the Plaintiff
Ratio Decidendi
Plaintiff failed to prove, on the balance of probabilities, that the apartment had structural defects or that there was an express or implied contractual term warranting fitness for habitation. No expert evidence was provided. No breach of contract was established. Caveat emptor applies.
Court Disposition
Plaintiff's claim dismissed
Orders
- Plaintiff's claim is dismissed in its entirety.
- Defendant awarded costs of Five Thousand Ghana Cedis (GHS 5,000.00).
Full Case Text
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