In its judgement on the 1 June 2022, delivered in the names
of Carol Anne Bingham (the "Plaintiff")
vs John Edwin Seddon (the "Defendant"),
the First Hall Civil Court (the 'Court'),
presided over by Madame Justice Miriam Hayman identified those
instances when a party is not bound to appear for the signing of a
public deed, following the non-performance of obligations by the
other party in terms of a promise of sale agreement.
The Plaintiff, through a sworn application dated 26 February
2021 stated that on the 3 September 2020, had entered into a
promise of sale, whereby the defendant bound himself to purchase
and acquire from the Plaintiff, who in turn bound herself to
transfer and sell the temporary utile dominju remaining
from a period of one hundred and fifty years in relation to an
apartment situated within the Portomaso Development.
