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THE CASE LIBRARY

Case Title

ARTHUR v AMARNANI 1970 GLR 93 holding 4.

Case Principle
Whether damages would be adequate instead specific performance for the claim of repair of vehicle.
Case Authority
The claim for the repair of the vehicle must be rejected since it was a claim for the specific performance in circumstances where damages were an adequate compensation. “[T]his breach of contract to deliver the vehicle in a repaired state is akin to failure to give back the plaintiff a chattel to him and the basic loss is the market value of the chattel or vehicle … at the time the defendant failed to deliver it, i.e. 24 October 1966. African Continental Bank v Oladapo (1951) 13 W.A.C.A. 285 and Borketey v Achinivu (1966) C.C. 56, S.C. considered.