The Weekly Law Reports
[1958] 2 WLR 350
[PRIVY COUNCIL.]
ABDUL CADER ABDEEN APPELLANT; AND ABDUL CAREEM MOHAMED THAHEER AND OTHERS RESPONDENTS.
ON APPEAL FROM THE SUPREME COURT OF CEYLON.
1958 Feb. 11.
LORD OAKSEY, LORD MORTON OF HENRYTON, LORD KEITH OF AVONHOLM, LORD BIRKETT and the RT. HON. L. M. D. DE SILVA.
Ceylon
— Specific performance
— Contract
— Land
— Roman-Dutch law
— Legal right to demand performance of contract
— Overriding discretion of court to refuse
— Right excluded by substituted obligation for damages.
Roman-Dutch Law
— Specific performance
— Whether absolute right
— Distinction between Roman-Dutch and English law.
Vendor and Purchaser
— Specific performance
— Contracting out of right
— Clause in contract fixing liquidated damages for failure to complete.