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Specific performance

Doctrine in Contract. 10 cases, with the principle each one established. By lanbuk.com.

  • Bankole-Bright v Boston, 1920-36 ALR S.L. 289

    Sierra Leone — African Law Reports · 1920-36

    Principle established: English Summary Jurisdiction Acts are purely municipal enactments confined to England and Wales and are not statutes of general application in force in Sierra Leone.

  • Gbassy Keister v Elijah J. Speck & Others (CC 414 of 1960) [1963] SLSC 17 (20 March 1963)

    Sierra Leone — Supreme Court · 1963

    Principle established: A motion for specific performance intended to be enforced by attachment must be personally served on the parties, and service on a solicitor who is not solicitor of record is improper.

  • Gbassy Keister v Elijah J.Speck & 2 Others (CC 414 of 1960) [1963] SLSC 44 (15 February 1963)

    Sierra Leone — Supreme Court · 1963

    Principle established: A motion seeking compliance intended to be enforced through attachment must be personally served on the respondents, not upon an unrecorded solicitor.

  • Ibrahim v Solomon, 1950-56 ALR S.L. 331

    Sierra Leone — African Law Reports · 1950-56

    Principle established: Mere payment of rent is insufficient part performance to take an oral lease out of the Statute of Frauds for the purposes of obtaining specific performance.

  • Keister v Mustapha, 1964-66 ALR S.L. 47

    Sierra Leone — African Law Reports · 1964-66

    Principle established: Where defendants are sued as executors or personal representatives, their representative capacity must be indorsed on the writ itself rather than merely stated in the statement of claim.

  • Madzimbamuto v Musamadiya (235 of 2024) [2024] ZWHHC 235 (6 June 2024)

    Zimbabwe · 2024

    Principle established: Contempt of court proceedings serve to punish disobedience and enforce court orders, particularly orders requiring a party to perform a specific act, such as signing transfer papers for a property sale.

  • Newman v Walker (CIV APP 26 of 1966) [1967] SLCA 1213 (13 February 1967)

    Sierra Leone — Court of Appeal · 1967

    Principle established: To overcome the absence of writing under the Statute of Frauds, part performance must be referable to an existing agreement and cannot consist of acts performed before the agreement was made.

  • Newman v Walker, 1967-68 ALR S.L. 49

    Sierra Leone — African Law Reports · 1967-68

    Principle established: To establish part performance taking an oral land agreement outside the Statute of Frauds, the acts relied upon must refer to an existing contract and the agreement must be specifically enforceable.

  • Sawaneh v Bayoh [1990] SLSC 2 (3 July 1990)

    Sierra Leone — Supreme Court · 1990

    Principle established: An appellate court cannot determine an unargued issue without hearing counsel, nor does it have legal authority to impose a time limit within which damages must be paid.

  • Silonda v Nkomo (6 of 2022) [2022] ZWSC 6 (25 January 2022)

    Zimbabwe · 2022

    Principle established: A contract for the sale of land that fails to comply with mandatory statutory planning requirements is null and void, though a party may be entitled to compensation for improvements.