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CHARLES OSEI BONSU V. DOROTHY ABOAGYE AND ABENA KONADU

(2014) JELR 66721 (SC)

Supreme Court  •  CIVIL APPEAL NO: J4/18/2014  •  30 Jul 2014  •  Ghana

Coram
ADINYIRA (MRS.) JSC (PRESIDING), YEBOAH JSC, BONNIE JSC, BAMFO (MRS.) JSC, AKAMBA JSC

Appearances
PAAPAH DADSON ESQ. WITH HIM MISS HILDA ADDO FOR THE DEFENDANTS/ RESPONDENTS/ APPELLANTS; WILLIAM KUSI ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT.

Judgement

JUDGMENT

SOPHIA ADINYIRA (MRS.) JSC (PRESIDING)

Facts

The parties entered an agreement on 20 March, 2008, under which:

1. Plaintiff was to construct a two-storey building on Defendants’ land on No. Plot 25, Block 11, Asokwa Residential Area, Kumasi, containing:

a. 25 storerooms on the ground floor,

b. 25 storerooms on the first floor,

c. A residential apartment on the second floor.

2. Plaintiff was to enjoy 2/3 of the building for 30 years from the date of completion of the ground and first floors. Defendants were to enjoy 1/3 of the building for 30 years, and the whole building after 30 years from the date of completion.

3. Plaintiff was to apply his own financial resources, labor, materials and equipment.

4. Plaintiff was to complete the ground and first floors within 2 years from March 20, 2008, and the second floor within 1 year from the completion of the ground and first floors.

Pursuant to the agreement, Plaintiff demolished an old structure on the premises and partially constructed a buil…

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