Ahmed and another V Wigmore
Ahmed and another V Wigmore
- 2007
- Estates Gazette (0731)4 August 2007, 81(1) .
[2007] 31 EG 81 (CS), 26 July 2007. The claimants (A) granted an option to the defendant (W) to purchase part of a plot by their house including an access strip. A fenced the option land to separate it. When W attempted to exercise the option, A claimed that the option was unenforceable due to their right to access the remainder of the land. The judge made an order for performance on a specific date. This date passed due to W's wishes to inspect the land and boundaries prior to performance. A applied for the order to be discharged owing to failure to complete. "Held": As a matter of contract, time was not of the essence. There was no implication that the order was invalid after the given date. W had been unable to complete as A had purported to terminate the contract within five days that date. It was for the court to consider whether to allow extra time for completion. A's claim to a right of way to the land was totally spurious, which W had reasonably wanted to resolve. A new date would be ordered, and a declaration made that no right of way was to be transferred.
AHMED AND ANOTHER V WIGMORE
United Kingdom--
[2007] 31 EG 81 (CS), 26 July 2007. The claimants (A) granted an option to the defendant (W) to purchase part of a plot by their house including an access strip. A fenced the option land to separate it. When W attempted to exercise the option, A claimed that the option was unenforceable due to their right to access the remainder of the land. The judge made an order for performance on a specific date. This date passed due to W's wishes to inspect the land and boundaries prior to performance. A applied for the order to be discharged owing to failure to complete. "Held": As a matter of contract, time was not of the essence. There was no implication that the order was invalid after the given date. W had been unable to complete as A had purported to terminate the contract within five days that date. It was for the court to consider whether to allow extra time for completion. A's claim to a right of way to the land was totally spurious, which W had reasonably wanted to resolve. A new date would be ordered, and a declaration made that no right of way was to be transferred.
AHMED AND ANOTHER V WIGMORE
United Kingdom--