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OPPONG KYEKYEKU V. DEPARTMENT OF URBAN ROADS & 2 ORS.

(2014) JELR 67797 (HC)

High Court  •  SUIT NO.RPC/109/11  •  30 Jan 2014  •  Ghana

Coram
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Appearances
KOFI BOYE ATENG FOR THE PLAINTIFF; NANA YAA ADOMAA ASANTE-NNURO FOR THE 2ND DEFENDANT; RICHMOND OSEI HWERE FOR THE 1ST AND 3RD DEFENDANTS.

Judgement

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

By his amended writ of summons and statement of claim filed on 04/07/2011, the Plaintiff herein claimed against the Defendants herein jointly and severally for these reliefs:

a. Loss of rental income from the building amounting to GH¢ 108,000.00

b. Interest on the loan contracted to finance the building amounting to 72,000 Euros or its cedi equivalent on the day of payment

c. Depreciation and deterioration in the physical structure of the building amounting to GH¢37,000

d. Escalation in the cost of completing the building estimated to be GH¢70,000.00

e. General damages for breach of contract between the parties

f. Costs

g. Any other reliefs.

A summary of the Plaintiff’s case is that he acquired a piece of land at Brunkon in the Kwabre District of the Ashanti Region described as Plot numbers 2 and 4 block IV. Between the year 2000 and 2001, he sourced funding and commenced the construction of a two storey residential house. By 2002, the building had reached roofi…

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