Gladys Muriel Weekes & Others V. Abdul Karim Basma (1948)
LawGlobal Hub Judgment Report – West African Court of Appeal
Specific Performance—Statute of Frauds, 1677 (29 Car. 2 C. 3), section 4—Agreement for sale of house—Agent or purchaser contracting in own name.
Facts
The respondent obtained in the court of first instance a decree of specific performance of the agreement for sale of real property set out in the judgment. The person therein stated to be the purchaser was, in fact, the agent of the purchaser (the respondent).
Held
On appeal, that as the agreement did not contain the name of the principal or identify him in any other way, it was not a sufficient memorandum to satisfy section 4 of the Statute of Frauds.
Appeal allowed.
