MICHELETTI & CO V. DANIEL OFORI

DORDZIE, J.A.

The action leading to this appeal was commenced in the High Court (Commercial Division) Accra by Daniel Ofori the respondent herein. By the averments in his statement of claim, he owns a piece of land at Shiashi, a suburb of Accra which he intended to develop into a three storey building.

The appellant, Micheletti and Co is a civil engineering and building company, he therefore approached the said company and one Ernesto Taricone for their services. The appellant and Taricone advised him to construct a nine storey instead of three because a nine storey would be more profitable. He expressed his inability to accept their advice because he did not have adequate resources for a nine storey building. The appellant and Taricone then proposed to partner with him to build the nine storey facility; which proposal he accepted.

As a commitment to the proposed joint project, he, in September 2008 advanced a sum of USD265,000.00 to the appellant subject to agreement on the specific det…