introduction to equity

Equity, in the general juristic sense means the power to meet the moral standards of justice in a particular case by a tribunal having discretion to mitigate the rigidity of the application of the strict rules of law so as to adapt the relief to the circumstances of the case, or a liberal and humane interpretation of the law, so far as that is possible without antagonism to the law itself. Equity in the technical sense means the particular and special arm of the English legal system which was created, developed and administered in the Court of Chancery.

The doctrines of equity were introduced into Nigeria by means of local legislation. The first of such being Ordinance No.3 of 1863 which introduced all laws and statutes which were in force in England on 1st January, 1863 into the Colony of Lagos. Other legislations after it were Ordinance No. 4 of 1876 which introduced more clearly the English common law, the doctrines of equity and statutes of general application which were in force in England on the 24th July, 1874. Consequent upon the merger of the Colony of Lagos with the Southern Protectorate on the 1st of January, 1900, Ordinance No. 17 of 1906 was passed to make Ordinance No. 4 of 1876 application to the new Protectorate. Ordinance No. 3 of 1908 was passed repealing all existing enactments and re-enacting them with minor alterations. This enactment remained in force until it was repealed by the Supreme Court Ordinance of 1914 when the Protectorates of the Northern and Southern Nigeria were amalgamated. The Supreme Court ordinance replaced all laws pre-existing in the amalgamated units and introduced into the whole country, the English common law, the doctrines of equity and the statutes of general application which were in force in England on 1st January, 1900 subject to existing local legislation.

The conflict between the customary law and equity was resolved through the observance of native law and customs which passed the test of not being repugnant to natural justice, equity and good conscience and was not incompatible either directly or by implication with any law which was in force.

Section 18 of Ordinance No. 4 of 1876 in clear terms provided that the common law and equity were to be administered concurrently to avoid multiplicity of legal proceedings and that in the cases of variance between the common law and equity, the rules of equity were to prevail. Thus, the Nigerian legal system was saved from the unhealthy rivalry between common law and equity which was prevalent in England.

The nature of equitable interest is buried in the maxim “equity acts in personam”. It is a practical reality that equitable rights may either be in personam or in rem depending on whether the emphasis is on the substance of the equitable right in question or the means of procedure by which tey are enforced.