CONTRACT LAW — Specific Performance — Nature of Remedy — Discretion of Court
Ratio Decidendi
Per Fabiyi, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at p. 11; Paras A—B:
"Specific performance is an equitable remedy that lies within the court's discretion to award whenever the common law remedy is insufficient. In making an order for specific performance, the court must exercise its discretion judicially and judiciously as well. The Judge has to be discreet and balance the interest of both sides properly in his bid to do justice to the contending parties."
Explanation / Scope
This principle establishes that specific performance is an equitable remedy within the court’s discretion, awarded where common law damages are insufficient, and must be exercised judicially and judiciously, balancing the interests of both sides. The principle applies where specific performance is sought. It ensures that the remedy is properly exercised. The principle reflects the discretionary nature of specific performance. It prevents unjust awards. The court must balance interests. The principle provides guidance on specific performance.