| dc.description.abstract | This paper is about the equitable remedy of specific
performance of contracts of Sale of Land in Kenya. It
focuses attention on those factors which affect the granting
or refusing of the remedy of specific performance in contracts
of Sale of Land. As such it is assumed that the reader is
familiar with the general principles of the remedy of
specific Performance in general since most attention in this
paper is restricted to contracts of sale of land. Certain
aspects of the remedy of specific performance are omitted.
What are the formalities or requirements that must be
satisfied by parties to a Contract for Sale of Land and what
would be the effect of not meeting those requirements on
the Contract both at law and in equity? To what extent do the
courts in Kenya adhere to fulfilment or satisfaction of those
requirements before they can enforce the contracts?
Broadly speaking the discussion is divided up into
four parts all of which develop the discussion set out above,
namely an examination of the factors which affect the granting
or refusing of specific performance of contracts of Sale of Land,
and the effect of such factors on the validity and hence the
enforcement of such contracts. Part I attempts an examination
of the General nature of Contracts of Sale of Land, their
distinction from the other contracts of sale and why the
remedy of specific performance is almost invariably granted
for such contracts. The part also deals with such matters
as Jurisdiction to grant the remedy and the means of enforcing
the order.
Parts II, III and IV collate some of the most important
factors that affect specific performance. In each of these
parts there is an examination of the legal issues which the
Courts have dealt with when faced with the task of deciding
on the enforceability of a contract entered into under
certain conditions. | |
