000 01580cab a22001935a 4500
001 L139878
008 070816e20070804xxk f w 000 0 eng d
035 _a(Sirsi) u139878
041 0 _aeng
245 0 0 _aAhmed and another V Wigmore
260 _c2007
490 _aEstates Gazette
_v(0731)4 August 2007, 81(1)
520 _a[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.
590 _aKA
650 2 4 _aAHMED AND ANOTHER V WIGMORE
651 4 _aUnited Kingdom
_y
690 _aPROPERTY-ACQUISITION AND DISPOSAL OF PROPERTY
942 _n0
999 _c79119
_d79119