EQUITY AND TRUSTS ā Equitable Remedies ā Specific Performance Is a Discretionary Remedy
Principle Statement
Specific performance is a discretionary remedy, not granted arbitrarily. The discretion is judicial, exercised on well-settled principles. The court may take into account circumstances such as the conduct of the plaintiff or hardship to the defendant.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Briggs v. The Chief Lands Officers of Rivers State of Nigeria & Ors (2005) NLC-682000(SC) at pp. 31ā32; Paras EāA.
"This does not mean that it will be granted or withheld arbitrarily; the discretion is a judicial discretion, and is exercised on well-settled principles. It means that in an action for the specific performance of a contract of the class usually enforced, the court may take into account circumstances which could not be taken into account in an action for damages for breach of contract, such as the conduct of the plaintiff, or the hardship which an order for specific performance would inflict on the defendant."
Explanation / Scope
Specific performance is a judicial discretion exercised on settled principles, not arbitrarily. The court considers plaintiff’s conduct and defendant’s hardship. The principle applies to equity and trusts. The rule distinguishes specific performance from legal damages. Unclean hands or hardship can bar the remedy. The court will not grant specific performance where it would be inequitable or cause undue hardship.
