CONTRACT – SPECIFIC PERFORMANCE – Condition that must exist before an order of specific performance can be made


“Having appraised the facts and circumstances of this appeal, it is most unfortunate that the Appellants will want this Court to force on the Respondents an obligation and duty they did not contract with the Appellants. It is glaring and undoubted that the Respondents have not gone into a contract with the Appellants, the breach of which is to ripen into specific performance. There must exist a condition before an order of specific performance can be made. There was indeed no mutuality between the Appellants and the Respondents as regards the sale of the residences occupied by the Appellants. Thus, there was no contract between them. There is that absence of mutuality which is a pre-requisite condition in an action for specific performance. There must be a valid contract between the parties before an order for specific performance can be claimed. Specific performance is an equitable remedy based on the discretion of the Court, and it is generally ordered where damages will be inadequate to meet the justice of the case. Mutuality must be available to either party at the time of the contract. See Per OLATAWURA, J.S.C, inLSDPC & ANOR V NIGERIAN LAND & SEA FOODS LTD (1992) LPELR-24855(SC) (P. 26, PARAS. A-C).” Per UWANI MUSA ABBA AJI, JSC in ABDULLAHI & ORS v. EL-RUFAI & ORS (2021-LCER-40454-SC) (Pp 30 – 31 Paras C – B)

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