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SPECIFIC PERFORMANCE WILL NOT BE ORDERED WHERE DAMAGES WILL BE ADEQUATE

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Paye v. Gaji (1996) 5 NWLR (Pt. 450) page 589 at page 605, it was held thus:- “It is settled law that specific performance being an equitable remedy should not be ordered where damages will be adequate to meet the justice of the case”.

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SPECIFIC PERFORMANCE FOR BREACH OF CONTRACT

It is settled law that in an action for breach of contract in which claim for specific performance is made, there must be a valid, solid and existing and enforceable contract. The contract and the terms must be unequivocal and not based on the realm of conjecture. Similarly, the parties to the contract must have...

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SPECIFIC PERFORMANCE DISTINGUISHED FROM DAMAGES

To sue for specific performance is to assume that a contract is still subsisting and therefore to insist that it should be performed. That will mean that the plaintiff will not want it repudiated unless for any other reason the court was unable to aid him to enforce specific performance of it. He may then...

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SPECIFIC PERFORMANCE OF CONTRACT OF SERVICE

The general rule is that the court will not grant specific performance of a contract of service. It therefore follows that a declaration to the effect that a contract of service still subsists is rarely made unless there are special circumstances to warrant making such a declaration. For example, where the contract of service has...

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EQUITABLE MORTGAGE TO CREATE A LEGAL MORTGAGE CAN SUE IN SPECIFIC PERFORMANCE

The equitable mortgage by agreement to create a legal mortgage, therefore, entitles the equitable mortgagee to something more than a mere right to payment out of the property or premises mortgaged; under the general principles, his remedies correspond as nearly as possible with those of the legal mortgagee. Because equity regards that as done which...

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THERE MUST BE PART PERFORMANCE TO WARRANT SPECIFIC PERFORMANCE

On the issue of whether the appellant established sufficient acts of part performance to support and order for specific performance, it is the view of the court below that there had been no part performance to warrant a specific performance. I have myself considered all the evidence led before the court but can find no...

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NATURE OF SPECIFIC PERFORMANCE AND WHEN IT WILL BE GRANTED

The appellant, with the above position as depicted, desires to have specific performance of the agreement between it and the 1st respondent ordered by the court in its favour. Specific performance has been defined in Black’s Law Dictionary Ninth Edition at page 1529 as ‘the rendering, as nearly as practicable, of a promised performance through...

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