CONTRACT – CONSIDERATION – Whether past consideration will not support a contract which is sought to be specifically performed:

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“But out of the amount of 1,186:17s:6d paid, the sum of 886:17s:6d was paid in 1964 during the lifetime of Imoru Daniyan, the father, and the further sum of 300 paid after his death to the five of the defendants was in August, 1966. The plaintiff now seeks to import into this new transaction i.e., sale of 5A, Paul Okuntola Street, Idi-Araba a consideration which was in the past. It is the law that past consideration will not support a contract which is sought to be specifically performed. Robertson v. St. John, Vol. 29 English Reports at page 81. The plaintiff therefore will be left to his remedy at law, if any. As I have held earlier, there has been a valid contract of sale which no doubt the defendants have breached by their refusal to complete by not executing the deed of conveyance as promised in Exhibit “E”. For this they will be liable in damages.” Per G. B. A. COKER, J.S.C. in R. O. SANUSI V. I. A. DANIYAN – (1973-LCER-8074-SC) at P. 3, Para. B.

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CONTRACT – CONSIDERATION Whether past consideration will not support a contract which is sought to be specifically performed

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