SULEMANA RASHID IDDRISU VRS ELITE PROPERTIES LIMITED (GJ/0970/2020) [2024] GHAHC 99 (26 April 2024)

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

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Parties

Sulemana Rashid Iddrisu

Plaintiff

Elite Properties Limited

Defendant

Procedural Posture

Civil / Final Judgment After Trial

  1. 1 Whether the property sold to the Plaintiff by the Defendant had structural defects
  2. 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).