CONTRACT LAW — Specific Performance — Precondition for Grant — Existence of Valid Agreement
Ratio Decidendi
Per Fabiyi, JSC, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at p. 7; Paras D—E:
"There was no agreement between the parties in respect of Exhibit A, thus there is nothing to rest an order of specific performance upon."
Explanation / Scope
This principle establishes that specific performance cannot be granted where there is no valid agreement between the parties. The principle applies where specific performance is sought. It ensures that a valid agreement exists. The principle reflects the precondition for specific performance. It prevents orders without a basis. The court must require a valid agreement. The principle provides guidance on specific performance.