SOWAH V. BANK FOR HOUSING AND CONSTRUCTION AND TETE

AMUA-SEKYI J.: The plaintiff, Conrad Odoi Sowah, is the proprietor of a firm of building contractors and surveyors known as C. O. Sowah and Co. On 8 November 1974, the firm entered into a contract with Nai Tete, the second defendant, for the construction of a single storey house on his land at Labadi, Accra, at a cost of ¢12,400. The contract was tendered in evidence as exhibit B. Under it, the construction of the building was divided into six stages. Upon completion of the first stage Tete was to pay the plaintiff ¢1,800; upon completion of the second stage, ¢2,800; upon completion of the third stage, ¢2,800; upon completion of the fourth stage, ¢3,000; upon completion of the fifth stage, ¢1,000; and upon completion of the sixth and last stage, ¢1,000. By clause 1 (b) the issue of a certificate of habitation by the Accra City Council was to be conclusive evidence that the building had been completed. The agreement was signed by Tete on his own behalf, and by the plaintiff on behalf o…