Injunctions and Specific Performance

Abstract

This chapter discusses the power to grant an injunction derives from section 37 of the Supreme Court Act 1981 and the court’s inherent jurisdiction. It mentions a specific performance as an order of the court which requires a party to perform its contractual promises. It also talks about the contracts for the sale of land as an order for specific performance that encompasses the empowerment of an officer of the court to perform the obligation if the party which has contracted to sell then refuses to do so. This chapter clarifies that a specific performance is to all intents and purposes a sub-species of an injunction. It cites orders for specific performance that are under development agreements where a developer or management company has agreed to execute work to a proper standard and has not done so in the construction sphere.