SPECIFIC PERFORMANCE: Factors that guide the court in exercising its discretion to grant specific performance
HELD:
"I am mindful of the fact that Court has discretionary powers to grant specific performance. However, Court could always grant discretionary powers judicially and judiciously and certainly not arbitrarily. It must weigh the consequences and hardship on the defendant as well as the conduct of plaintiff before granting the order of specific performance. See MTN Nig. Telecommunications Ltd vs Wigatap Trade and Investment Ltd (2013) 4 NWLR (Pt. 1344) 276; Enejo vs SA (2008) All FWLR (Pt. 412) 1084; Olowo vs Building Stock Ltd (2010) 2 NWLR (Pt. 117) 310." FLORENCE ACHONU v. OLADIPO OKUWOBI(2017) LPELR-42102(SC) Per SANUSI, J.S.C. (P. 36, Paras. B-E)
FACTS:
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