LEGAL PRINCIPLE: EQUITY AND TRUSTS — Specific Performance — Remedy for Sale of Land
PRINCIPLE STATEMENT
Although specific performance will not be readily granted where damages are adequate, in a contract for the sale of land, damages cannot adequately compensate a party. Specific performance is available at the instance of either vendor or purchaser.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Gaji & Ors v. Paye (2003) NLC-4099(SC) at p. 14; Paras D–E.
"Although generally, an order of specific performance will not be readily granted where a remedy in damages is adequate, in a case involving sale of land, the law is that damages cannot adequately compensate a party for breach of a contract for the sale of an interest in a particular piece of land or of a particular house in which case the order for specific performance is available at the instance of the vendor or purchaser."
EXPLANATION / SCOPE
Specific performance is the appropriate remedy for land sale contracts. The principle applies to equity. Land is unique and irreplaceable. The rule gives effect to the parties’ bargain. The court may order specific performance. The principle is well-established.