AMUNA VRS. REHOBOTH PROPERTIES LTD (GJ 0618/2020) [2024] GHAHC 122 (10 July 2024)

AMUNA VRS. REHOBOTH PROPERTIES LTD (GJ 0618/2020) [2024] GHAHC 122 (10 July 2024)

The Defendant breached the contract by failing to deliver the house within the agreed 12-month period, and no new timelines were validly agreed. Plaintiff is entitled to recovery of the purchase price with interest and nominal damages, as specific performance is not feasible and Plaintiff failed to prove market value or lost profits.

Citation
AMUNA VRS. REHOBOTH PROPERTIES LTD (GJ 0618/2020) [2024] GHAHC 122 (10 July 2024)
Parties
Plaintiff: William Amuna; Defendant: Rehoboth Properties Ltd
Court
ghahc
Jurisdiction
Ghana
Judgment Date
10 July 2024
Procedural Posture
Civil Breach of Contract / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Breach of Contract, Specific Performance, Damages, Restitution, Real Estate Transactions
Source Language
eng
Contract Law Real Estate Law Breach of Contract Specific Performance Damages Restitution Real Estate Transactions

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Parties

William Amuna

Plaintiff

Rehoboth Properties Ltd

Defendant

Procedural Posture

Civil Breach of Contract / Judgment

Legal Issues

  1. 1 Whether the original contract between the parties was valid
  2. 2 Whether the Defendant breached the contract by failing to deliver the house within the agreed timeline
  3. 3 Whether Plaintiff is entitled to delivery of the house, market value, damages, or other relief

Ratio Decidendi

The Defendant breached the contract by failing to deliver the house within the agreed 12-month period, and no new timelines were validly agreed. Plaintiff is entitled to recovery of the purchase price with interest and nominal damages, as specific performance is not feasible and Plaintiff failed to prove market value or lost profits.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendant to pay Plaintiff USD 195,000 with interest from December 2016 to date of payment at Bank of Ghana dollar interest rate
  • Defendant to pay Plaintiff general damages of GHS 500,000