Civil Procedure – Appeals – Specific performance not argued before Court of Appeal – No basis for Court of Appeal to make ruling without hearing arguments – No basis for Supreme Court to consider appeal on issue of specific performance – Court of Appeal Rules 1973 r 9(6)

[2]Land – Sale of land – Specific performance – No evidence that contract of sale properly completed – Damages appropriate – No basis to award specific performance in default of payment of damages – No authority for court to place time limit for damages to be paid