Authored By: Sa'adatu Temitope Bello
INTRODUCTION
Equity can be defined as a particular set of remedies and procedures involved with civil law. In short it is a set of rules governing civil law. While criminal law is based of rules that mainly seek to punish offences against the public, equity on the other hand seeks fairness and justices.
In common law then, every cause of action must commence by a writ, and so if a matter doesn’t fall under the existing writ, then it becomes in actionable. This is because every offence had specific penalty. Then litigants started bringing forth matters that could were not specified and the judgment delivered were in adequate. Hence the king instructed lord Chancery to attend to the petition of litigants and that birthed the equitable remedies.
Therefore, equity is a set of rules that are introduced to mitigate the rigidity and harshness of common law. The maxims came to be at every point the chancery court felt there was a need for the principle in other to ensure justice was served and felt. The principle enshrined in each maxim tells a story of its own.
There are generally a dozen of these maxim and this paper will discuss them, breaking down the principles into simpler terms for easy comprehension by law students, researchers, legal practitioners and even layman.
THE MAXIMS OF EQUITY
Generally the maxims of equity are as follows:
Equity will not suffer a wrong to be without a remedy:
This principle stipulates that for every wrong done to a person there must be a remedy in exchange. The right to sue by a litigant with a good claim cannot be denied.
Equity follows the law:
It is not the intention of equity to overrule common law or contradicts it instead it is there to ensure parties get justice. Hence the common law rules is firstly apply to every matter and then if the judgment is inadequate or perhaps the issue is novel then equitable remedies shall be provided.
Where there’s equal equity the law shall prevail:
In any case where two parties, both possessing title/interest are claiming a property/right, the court will grant title to the party with legal title.
Where equities are equal, the first in time prevails:
There are times when neither of the litigants is wrong and both their rights/interests are legitimate. However, the suit must be decided in favor of one usually the first in law. The first in law is the person who first acquired the interest/right.
For example; if A and B acquire a property from C without knowing the property has been sold to another. C sold to A on the 12 Dec. 2022 and to B on 9 Jan. 2023. Their rights are both legitimate, nevertheless, the title of A who acquired the property first will prevail over that of B who got his at a later time. The court will grant judgment in favor of A because despite having same valid claim with B, A’s was first in time
He who seeks equity must do equity:
A litigant seeking to obtain equitable remedy must be ready do the right thing also (equity). For example, X runs an illegal money lending business; Y borrowed certain amount from X and mortgages some of his properties. Y then sued X on the basis that the business was illegal hence the contract is void and his property be returned back to him by X. The court held that Y must return the borrowed amount back to X before he can get back his property.
He who comes to equity must come with clean hands:
A litigant who is suing another for a wrong must ensure he too hasn’t committed any wrong. The perfect example to explain this principle is landlord /tenant matters. A leased out an apartment to B. Few years later A evicted B out the property without proper notice. B sues A for wrongful eviction. A claim B defaulted in paying rent for 3 years. Equity demands fairness hence B is also wrong for not paying the rent owed to A. Equity will not avail B, because he was also in the wrong.
Delay defeats equity:
A limitation period has been set by law in regards to certain offences/wrong done to a person. A duty is thus imposed on anyone who has been wrong to bring the matter to court within the period which the law allowed. Failure to bring such matter before the court within the set time deprives such party the right to sue. Therefore, an aggrieved party is to do and take all the necessary steps in bringing his complaint before the court on time.
Equality is equity:
This principle preaches equality in any case where there are multiple owners to a property. In such instance the property will be divided equally between the parties.
Equity looks to the intent rather than the form:
Common law was more concerned with the form of a transaction rather than the intent behind it. Equity on the other hand looked beyond the form to the spirit of the transaction. What the parties intended when entering into the contract was more important than the form. This equity principle allows the court to interpret the intentions of the parties even if the terms aren’t documented correctly. For example, under common law sale of land must be by contract of sale and Deed of Conveyance, without which the sale is invalid. However, equity understands that the illiterate buyer shouldn’t be at loss because the sale agreement wasn’t documented. Therefore contract entered orally is legally binding.
Equity looks at that as done, which ought to be done:
If two parties contract to perform any obligation and of part of the obligation was done, the court takes it as if the obligation was fully performed.
Equity inputes an intention to fufil an obligation:
When parties contract to perform an act, if another act which if done can be assumed to be the initial contracted act then the court see the contract to have been performed. For example, if A borrows money from B and promises to pay it back later. If A dies and wills the amount borrowed to B. It will be presumed that A has fulfilled the agreement and paid back his debt.
Equity acts in personam:
The equitable remedies are provided for wrong committed against a person (in personam) and not in rem (property)
CONCLUSION
Equitable maxims are more than just Latin words lawyers use to sound sophisticated. Equity came to be when the rigidity and harshness of common was felt by litigant all around England. Hence the principle were made as the situation warranted and the main aim of the doctrine of equity is to deliver fairness and justice where the common has failed to whether as a result of the inadequacy of the judgment or otherwise.
