STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

SPECIFIC PERFORMANCE WILL NOT BE ORDERED WHERE DAMAGES WILL BE ADEQUATE

Reach more audience. Place advert here.

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”.

Was this dictum helpful?

SHARE ON

specific performance

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHAT IS SPECIFIC PERFORMANCE?

What then is specific performance? It is the rendering as nearly as practicable of a promised performance through a judgment or decrees; a court ordered remedy that requires precise fulfilment of a legal or contractual obligation when monetary damages are inappropriate or inadequate as when the sale of real estate or a rare article is...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

SPECIFIC PERFORMANCE REQUIRES EXACT PERFORMANCE OF A CONTRACT

Specific performance is the remedy of requiring exact performance of a contract in the specific form in which it was made or according to the precise terms agreed upon. It is the actual accomplishment of a contract by a party bound to fulfill it. — A. Fabiyi, J.S.C. Ibekwe v. Nwosu (2011) – SC.108/2006 Was...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.