Shazim boutique ltd v Norattam Bhatta (High Court Civil Suit No. 411 of 1998)
Shazim boutique ltd v Norattam Bhatta (High Court Civil Suit No. 411 of 1998) [2015] UGHCCD 18 (11 February 2015)
The court found that, although clause 2(b) of the sale agreement expressly made time of the essence for payment of the balance, the defendants' conduct—accepting postdated cheques for the initial deposit and entering into the sale after the option period had lapsed—demonstrated a relaxation of strict time requirements. The agreement did not specify the mode or place of payment for the balance, and the plaintiff made genuine efforts to pay by seeking the defendants' bank account details, which were not provided. The court held that the plaintiff's failure to pay the balance was attributable to…
Source excerpt
- Specific Performance
- Sale Of Land
- Contractual Time Of Essence
- Remedies For Breach
- Equitable Relief