In Brief
A buyer and seller entered into an agreement to sell land on 10 December 1986, with the seller obligated to conduct a survey and demarcate boundaries before the buyer paid the full consideration. The seller failed to conduct the survey. The trial court and first appellate court found this breach and decreed specific performance in the buyer's favour. The High Court, in second appeal, reversed these findings, holding the buyer had not proved the survey was not conducted. The Supreme Court held that the High Court wrongly re-appreciated evidence and upset concurrent factual findings. A second appeal can only interfere with facts when there is absolute perversity, not merely because two views are possible. Since the buyer had consistently shown readiness and willingness to perform, and the seller had breached the condition precedent, specific performance was appropriately granted. The appeal was allowed and the lower courts' judgment restored."
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