LPB 403: EQUITY & TRUSTS 1

Afe Babalola University

400L, College of Law
2015/2016 Session
PRELIMINARIES

LECTURE HOURS – Tuesdays (8-9.30am) and

Thursdays (11am-12.30pm)
Lecturer in Charge: Miss Adure Uzo-Peters
Office: Room C 10, 2nd Floor, College of Law
Email: adure@abuad.edu.ng
Consultation hours: Immediately after lectures
LECTURE 1 - OBJECTIVES

Give an overview of the course

Note some Fundamental ideas underpinning all
topics
Today’s Topic – Evolution of Equity in England
EQUITY- OVERVIEW

Evolution and Development in England

Introduction and Acceptance in Nigeria
Equitable Maxims
Nature of Equitable Rights and Interests
Priority
Assignment of Choses in Action
Remedies and Defences
Pop Quiz
Time allocated: 1 minute
 WHAT IS YOUR NAME AND EMAIL?  Equity acts in …………………….
 EQUITY WAS INTRODUCED TO  NAME TWO STATES/CITIES THE
ELIMINATE THE HARSHNESS OF
………..
PONTIFF (POPE FRANCIS) VISITED
IN THE UNITED STATES
 NAME TWO EQUITABLE REMEDIES
 THE STAMPEDE LEADING TO
 THE ……………………. ACTS HAD THE
TRAGIC DEATHS DURING THE HAJJ
EFFECT OF FUSING BOTH EQUITY AND
COMMON LAW IN SAUDI ARABIA LAST MONTH,
TOOK PLACE DURING A PRACTICE
 THE …………………… HAD A DUTY TO
KNOWN AS ………..?
ISSUE AND SEAL ROYAL WRITS
 ACCORDING TO SELDEN, EQUITY  WHO IS THE SPEAKER OF THE
VARIED ACCORDING TO THE NIGERIAN HOUSE OF
CONSCIENCE OF EACH INDIVIDUAL REPRESENTATIVES?
CHANCELLOR, THE SAME WAY AS
THE LENGTH OF THEIR ………….
 Lesson Outcomes
EXPLAIN THE FOLLOWING:
THE HISTORICAL RELATIONSHIP BETWEEN THE COMMON
LAW COURTS AND THE COURTS OF CHANCERY BEFORE
THE JUDICATURE ACTS 1875
 THE CONFLICT BETWEEN EQUITY AND COMMON LAW AND
HOW THIS WAS RESOLVED
THE FACTS AND DECISION IN THE EARL OF OXFORDS CASE
SIGNIFICANCE OF THE JUDICATURE ACTS
 WHAT DOES ‘FUSION’ MEAN FOR THE RESOLUTION OF DISPUTES?
CONTRIBUTION OF EQUITY TO THE DEVELOPMENT OF
LAW
JUSTICE V TECHNICALITY
 INTRODUCTION TO EQUITY
 WHY EQUITY?
 TO MITIGATE THE HARSHNESS/RIGIDITY/INADEQUACIES OF COMMON LAW
 SPOTLIGHT ON ‘HARSHNESS’
 STEMMED FROM STRICT APPLICATION OF LEGAL RULES
 APPLICATION OF FAIR/IN PERSONAM EFFECT IN DETERMINING JUSTICE
 EACH CASE WAS DECIDED ON ITS OWN MERITS NOT BY STANDARDS CONTAINED
IN PRE-DETERMINED WRITS/REMEDIES
 RIGIDITY/COMMON LAW INADEQUACIES
 THE HITHERTO PREROGATIVE OF THE CROWN AS THE FOUNTAIN OF JUSTICE
 PRESCRIPTION OF REMEMDIES EVEN WHERE THE ORDINARY RULES OF LAW DENIED
THEM
 THIS ‘GRACE’ SYSTEM WAS STRENGTHENED BY THE OFFICE OF THE CHANCELLOR
 AS SECRETARY OF STATE, THE CHANCELLOR’S DUTY INCLUDED THE ISSUANCE AND
SEALING OF ROYAL WRITS
 EQUITY - BASIS AND JUSTIFICATION
 RIGIDITY CONTD.
THE SIGNIFICANCE OF PROVISIONS OF OXFORD 1258
(CHECKMATE ON CHANCELLORS POWERS TO ISSUE NEW
WRITS AS THE SOCIETY DEVELOPED)
RESULTANTLY: (A) THE COMMON LAW BECAME RIGID
(B) EXISTENCE OF UNREMEDIED WRONGS
(C) INADEQUACY OF DAMAGES AS A REMEDY
REFERENCE TO CHANCELLOR IN CASES INVOLVING (A)
DEFECTIVE LAW (B) JUSTICE UNATTAINABLE BECAUSE OF THE
STRONGER PARTY’S INFLUENCE
TO THIS END, CHANCELLOR WAS GUIDED BY GOOD FAITH,
CONSCIENCE AND REASON
 CASE LAW – Relationship Pre-Judicature Acts

Recall:
 WHAT NECESSITATED THE DECISION OF THE PARLIAMENT
CULMINATING IN THE PROVISIONS OF OXFORD 1258?
Courtney v Glanvil
Absolute prohibition on the powers of the Court of
Chancery to provided added reliefs to claimants.
Why? What did the Chancellor seek to achieve by
granting added reliefs and what was the effect of
extending his jurisdiction?
Note the Invisibility of Equitable remedies at Law
EARL OF OXFORD (1916) 1 Ch. Rep. 1
Wrongful Eviction case
 Assignee of a lease (plaintiff) wrongfully ejected from premises
by lessor/landlord
 Plaintiff had built a house on the land
 Court of Law gave judgement in favour of Landlord as the owner
of the land at law
 Aggrieved by this decision, plaintiff brought another action in the
Court of Chancery seeking an injunction restraining the
defendant from ejecting him from the house he erected on the
leased property.
 REMEDY WAS GRANTED BY THE COURT OF CHANCERY
 LORD ELLESMERE’S JUDGEMENT - NOTE THE RATIO DECIDENDI
EARL OF OXFORD’S CASE - AFTERMATH
 CONCERTED EFFORT TO OVERCOME THE POWER OF THE
CHANCELLOR
 DISPUTE SUBMITTED TO THE CROWN FOR RESOLUTION
 DECISION OF KING JAMES 1 – RECOMMENADATION OF A
SINGLE SUPREME COURT
 INCORPORATION INTO THE JUDICATURE ACTS 1873
 HIGHLIGHTS OF THE POST CONFLICT ERA
 HARDSHIP ON LITIGANTS IN DEALING WITH TWO DISTINCT SYSTEMS

 FUSION BY JUDICATURE ACTS 1875

 FUSION FALLACY
Next Steps…..

 ASSIGNMENT TWO: IN A TABULAR FORM, ANALYSE 30

CASES (ENGLISH & NIGERIAN LAW) ILLUSTRATING THE
CONTRIBUTION OF EQUITY TO LEGAL DEVELOPMENT.
DUE DATE: TUESDAY WEEK.
 THIS LECTURE: READ EXTENSIVELY AND PREPARE
QUESTIONS FOR TUTORIALS AT THE END OF THE MONTH
 NEXT TOPIC:
 INTRODUCTION OF EQUITY INTO NIGERIA AND ITS CONFLICT
WITH NIGERIAN CUSTOMARY LAW