• a. The equitable doctrine of part performance allows enforcement of an oral contract that would otherwise be unenforceable under the Statute of Frauds (requiring written evidence for certain contracts, like land sales). It prevents injustice where one party has acted on the contract to their detriment. In Ghana, this is applied via common law equity.

Examples:

• A buyer pays part of the purchase price and takes possession of land based on an oral agreement; courts may order specific performance to complete the sale, as in Maddison v. Alderson (1883).
• In banking, if a borrower orally agrees to mortgage land and begins repayments, relying on the loan, the bank might enforce if the borrower has altered position (e.g., improvements on property).

This doctrine is relevant in Ghanaian banking for informal securities, though banks prefer written deeds to comply with Act 930.

b. Courts may order specific performance under part performance if the following conditions are met (from cases like Steadman v. Steadman, 1976):

• The Acts Must Be Unequivocally Referable to the Contract: The performance must clearly relate to the alleged contract, not explainable otherwise. E.g., taking possession and building on land points to a sale contract.
• The Contract Must Be Enforceable Except for Lack of Writing: It should have all essentials (offer, acceptance, consideration) but fail only on formality. In Ghana, under the Conveyancing Decree, 1973 (NRCD 175), land contracts need writing, but part performance exceptions apply.
• Fraud or Injustice Would Result Without Enforcement: The plaintiff must show detriment if not enforced, preventing the defendant from using the statute as a fraud tool.
• The Terms Must Be Clear and Provable: Oral terms must be evidenced sufficiently, often by witnesses or documents.
• Applicable to Specific Contract Types: Mainly for land, guarantees, or dispositions requiring writing.

In practice, Ghanaian banks like Ecobank avoid reliance on this by insisting on registered mortgages, but in rural lending with customary land, part performance can salvage securities if disputes arise, aligning with BoG’s risk management guidelines for feasible approvals.