Cookie Policy
MILLS- ODOI J.S.C.
This is an appeal against the judgment of the High Court, Kumasi, delivered by Apaloo J. (as he then was) on 27 May 1963, allowing the respondent’s claim for damages for breach of contract.
The facts in this case are simple, straightforward and free from any complexity. By an agreement in writing dated 3 June 1958, and made between the appellants and the respondent, the respondent reluctantly allowed her seven-room house to be pulled down by the appellants in order that the site would be used by the Amansie East District Local Council for the purpose of building a market. By the same agreement which was tendered in evidence at the trial as exhibit A, the appellants promised to erect for the respondent, as a substitute, a “new house containing seven rooms in small sizes each” and reserved to the respondent a right of action in the event of default on the part of the appellants. According to the respondent, the house which was pulled down was built with swish and its in…