Equity Law

Equity
The ordinary meaning of the word “equity” is natural justice which connotes equality and fairness. However, equity in the context of sources of Nigerian law, means the doctrines developed by the court of Chancery with a view to mitigate the rigidity of the common law and supplement the remedies of the Common law.
Historically, equity is essentially developed by the court of Chancery as a result of the rigidity of the common law. Whenever the rules of common law work hardship or injustice. The Lord Chancellor then grants relief without following any established principles. This intervention was however made on grounds of conscience. Then a dispute arose between the chancellor and the common law judges who frowned upon the interference of equity. The disputes were referred to King James the 1st and he resolved it in favour of equity. Since then whenever there was a conflict between the rules of equity and common law, the rules of equity will prevail. This is because equity recognises some rights unknown to the common law, e.g., The rights of a beneficiary under a trust.
The judicature Act of 1873 – 1875 fused the administration of the ^common law and equity^ in England and provided that whenever there was a conflict between the two, equity will prevail.
Examples of rules of equity are:
He who seeks equity must do equity
He who comes to equity must come with clean hands
Delay defeats equity
Equity is equality
Equity looks as done that which ought to be done.
Characteristics of Equity
Equity is also a case law system because it is developed from decided cases by the Court of Chancery.
Equity is not a written law
Equity was developed by the court of Chancery
Equity act as a supplement to the rules of common law
Equity was developed as a result of the harshness or rigidity of the Common law. Thus, equity is flexible.
Where there is a conflict between the doctrines of equity and the rules of Common law, the doctrines of equity shall prevail.
Statute of General Application
Statute of General Application are statutes passed by the parliament of Britain, applicable to the whole of England, but which are consequently made applicable to Nigeria by Nigerian Legislation provided such statutes were in force in England on the first day of January 1900. However, there are controversies as to what should constitute statute of general application.
In the case of Attorney-General V. John Holt Osborn C. J. laid down the conditions to be satisfied before a statute can be regarded as a statute of general application.
by what courts is the statute applied in England
to what classes of the community in England does it apply.
If on the 1st January 1900, an Act of parliament was applied by all civil or criminal courts, as the case may be to all classes of the community, there is a strong likelihood that it is in force within the jurisdiction. Example of the statute of general application is the Infant’s Relief Act of 1874

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