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J U D G M E N T
MARFUL-SAU, JA :- On the 15th of March 2010, the High Court sitting at Tema delivered its judgment in this case dismissing the claims of the plaintiff/appellant and granting the counterclaim of the 1st defendant/respondent. The brief facts of the case from the record of appeal are that, the 1st defendant/respondent who had taken over her father's six bedroom zinc building at Ashiaman entered into an agreement with the plaintiff/appellant to redevelop the land, after part of the zinc building was destroyed by fire. By the said agreement which was tendered at the trial as exhibit 'G' the plaintiff/appellant was to totally pre-finance the construction of four stores and five bedrooms on the piece of land which had the zinc building. The agreement further provided that upon completion the 1st defendant/respondent would be entitled to two stores and two bedrooms, while the plaintiff/appellant will take two stores and three bedrooms absolutely.
The 1st defendant/respondent con…