Civil law court “A” has refused a request by the Congress for Democratic change to coerce the administrators of the Bernard’s family to sell the 4.23 acres of land hosting the headquarters of the CDC.
Judge George Smith made the decision when he denied the CDC petition for specific performance.
The petition was intended for the court to enforce the sale and purchase agreement entered between the parties from 2018 to 2023.
He said that the petitioner CDC has failed to produce documentary evidence, such as a duly executed sale of real property contract or agreement to sell real property, to establish the existence of a sale and purchase agreement between them.
Judge Smith said that specific performance is defined as an equitable suit which essence is to ensure that fair play is done or accomplished; he added that it is the actual accomplishment of a contract that binds the parties.
“This Court holds that given the facts and circumstances of this case, there being no contract to enforce, this Court cannot decree specific performance; for the rule otherwise would mean to coerce the Respondent in selling its property to the Petitioner, which this Court is prohibited by law to do.” courtesy of Melvin Jackson
