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Section 15 Specific Relief Act 1963: Who May Obtain Specific Performance

Section 15 (Who may obtain specific performance) under Chapter II "Persons for or against whom contracts may be Specifically Enforced" of Part II (Specific Relief) of the Specific Relief Act, 1963

❝Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by—

 (a) any party thereto;

 (b) the representative in interest or the principal, of any party thereto:

 Provided that where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless such party has already performed his part of the contract, or the performance thereof by his representative in interest, or his principal, has been accepted by the other party;

 (c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder;

(d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman;

 (e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant;

 (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach;

 (fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation.

 (g) when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation;

 (h) when the promoters of a company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company:

 Provided that the company has accepted the contract and has communicated such acceptance to the other party to the contract.❞




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Notes:

The Specific Relief Act, 1963 was amended by from time to time by:
- the Repealing and Amending Act, 1964 (Act No. 52 of 1964);
- the Repealing and Amending Act, 1974 (Act No. 56 of 1974);
- the Specific Relief (Amendment) Act, 2018 (Act No. 18 of 2018).

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