OBENG V. MFRAMAH

ESSIEM J.A.: Essiem J.A. delivered the first judgment at the invitation of Wuaku J.S.C. The facts of this case may be stated briefly. According to the plaintiff, she obtained a plot of land from the late Otumfuor Prempeh II. The plot was No. 19 Block D, Dichemso, Kumasi. She prepared a building plan, made blocks on the land and caused sand to be carted to the plot. She then entered into an oral agreement with one Kwame Appiah, now deceased, a building contractor at Konongo to put up a building based on the specifications contained in the plaintiff’s building plan, on the said plot for the plaintiff at a fee of £800. According to the plaintiff it was agreed that on completion of the building, the contractor, Kwame Appiah, would take charge of the building, let it out to tenants and collect the rents to defray the agreed fee of £800. It was further agreed that the contractor should be responsible for the payment of “ground rent and other reasonable outgoings touching the said premises.”

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