Specific Performance

The law pertains to matters involving injunctions (stays) and specific types of relief that may be obtained in civil actions. However, the law of Specific Performance is an addition to the Code of Civil Procedure and is a type of procedural law. It is based on the principles and usage of English law as it relates to the concept of specific performance and is an equitable law. The legislation is essentially an adjective law, not a substantive law. Specific relief is granted through relief and remedy, redelivery of goods, compel to do obligatory act, by appointing receiver and by declaration. The right of specific performance arises when a right is infringed. A right can be violated by a breach of contract, trespass, and unlawful dispossession.

However, there are contracts which are not specifically enforceable under section 21. These include where adequate relief is admitted, court being incapable to supervise, uncertain contract, where nature of contract is revocable, violation of contract, ultra vires and time bared contracts.

ANZ Partners Advocates|Barristers|Consultants – A Legal500 Certified Law Firm – through its Partners and Associates understands and practices within this area of law and its advocates and barristers are fully equipped to safeguard its Clients’ rights in such matters. For a nominal cost, exceptionally professional legal service and a bond to keep with the Firm for all times to come – the Firm takes pride in representing you and your best interests before any Forum of Law