Nweze & Anor v Nwoko

Nweze & Anor v Nwoko

The oral compromise agreement was not a contract for the sale or other disposition of an interest in land within the meaning of Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, as it did not itself effect a sale or disposition but only required the property to be marketed and, if a buyer was found, for a sale to be entered into. Therefore, Section 2 did not apply and the agreement was enforceable.

Parties
Respondent/claimant: Rosemary Nweze; Respondent/claimant: Christian Nweze; Appellant/defendant: Nwoko
Jurisdiction
England and Wales
Judgment Date
29 March 2004
Procedural Posture
Civil Appeal / Appeal From Romford County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Section 2 Law of Property (miscellaneous Provisions) Act 1989, Oral Compromise Agreements, Specific Performance, Disposition of Interest in Land
Property Law Contract Law Section 2 Law of Property (miscellaneous Provisions) Act 1989 Oral Compromise Agreements Specific Performance Disposition of Interest in Land

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Parties

Rosemary Nweze

Respondent/claimant

Christian Nweze

Respondent/claimant

Nwoko

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Romford County Court to Court of Appeal

Legal Issues

  1. 1 Whether an oral compromise agreement requiring sale of property is a contract for the sale or other disposition of an interest in land within Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and thus unenforceable if not in writing.

Ratio Decidendi

The oral compromise agreement was not a contract for the sale or other disposition of an interest in land within the meaning of Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, as it did not itself effect a sale or disposition but only required the property to be marketed and, if a buyer was found, for a sale to be entered into. Therefore, Section 2 did not apply and the agreement was enforceable.

Court Disposition

Appeal dismissed

Orders

  • Specific performance of the oral compromise agreement ordered
  • Permission to appeal to House of Lords refused