Earl of Oxford’s case (1615) 1 REP CHD, 20 digest (Rep) 252 it is stated thus: “….. Equity looks at the intent rather than the form and will impute an intention to fulfill an obligation. It will impute an intention that the appellant, far from scuttling away from its valid obligation to the respondent, will fully honour its agreement, entered into in January 1978, to indemnify the respondent upon its loss …. It runs against all accepted notions of justice that the appellant should pocket the premium and turn round to jettison the liability.”
INTENTION IS INFERRED FROM OVERT ACTS
per Nimpar, JCA in Adepoju v. State (2014) LPELR-23312(CA), Intention generally is incapable of positive proof because it is a matter of inference of supporting circumstances of every given case … There is a legal aphorism that even the devil himself does not know the intention of man. Thus, intention is inferred from overt acts....