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LUJA DEVELOPMENT LTD V. LOTUS CORP

(2019) JELR 67109 (HC)

High Court  •  SUIT NO: GJ/482/2017  •  11 Feb 2019  •  Ghana

Coram
HIS LORDSHIP ERIC KYEI BAFFOUR ESQ. JUSTICE OF THE HIGH COURT

Judgement

By virtue of a sale agreement dated the 10th of October, 2014, Plaintiff agreed to purchase three houses numbered 007, 009 and 010 situate at a prime and plush area of Cantonment, Accra near the US embassy, called ICON project, managed by Defendant with the purchase price for the three projects being US$1,520,000. Defendant provided a limited warranty for the structural integrity of the three houses by undertaking to repair or replace defects caused by work improperly carried out by Defendant. It is further not in dispute that Plaintiff made a total payment of US$1,180,298 for properties 009 and 010 and part payment for Unit 007.

Plaintiff upon being granted access to the three properties, claim to have noticed several defects with two of the houses that were handed over by the Defendant, being Units 09 and 10. Plaintiff cite the swimming pool that was constructed had serious, if not dangerous structural defects which he claim were brought to the attention of the Defendant. That its ho…

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