WHAT IS INEQUITABLE CONDUCT

The mere mention of “inequitable conduct” is a pointer to the equitable doctrine “He who comes into equity must come with clean hands”. This maxim will deny a relief to a complainant, who is himself guilty of inequitable conduct in reference to the matter in controversy. This means that the plaintiff must, in the matter of his claim, be free from any taint of fraud or bad faith. The cleanliness of hands must therefore relate to the matter of his claim, to the transaction in controversy. What bars the claim is not a general depravity but one which has an immediate and necessary relation to the equity sued for.

– Oputa, JSC. Adejumo v. Ayantegbe (1989)

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EQUITY AIDS THE VIGILANT

Whoever seeks equitable remedy like specific performance must show that he is vigilant and does all that was required of him to have clear hand to enforce the contract. Vigilantibus et non dormientibus jura subveniunt.

– Belgore, JSC. Nlewedim v. Uduma (1995)

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TRIAL JUDGE IMPORTED EQUITABLE CONSIDERATION INTO HIS JUDGEMENT

By importing equitable consideration into his judgment, the learned trial Judge by what I term judicial legislation threw overboard and or repealed Exhibit –D” which is the applicable customary law to the chieftaincy. The court does not have that power. The office of the judge is jus dicere, not jus dare. See Okumagba v. Egbe (1965) All NLR 62 at 67.

— Ogwuegbu, JSC. Ogundare v Ogunlowo (1997) – SC.25/1994

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EQUITY LOOKS AT SUBSTANCE NOT FORM IN MORTGAGES

In determining whether any given transaction is in the nature of a mortgage, equity looks at the substance of the matter and not merely at the form. – Iguh JSC. Ejikeme v. Okonkwo (1994)

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PARTY CANNOT TAKE ADVANTAGE OF AN ILLEGALITY HE KNOWS

A party cannot resile from his obligation under a contract because he never followed what the law required; in essence he cannot take refuge from his contractual obligations on the pre of his own illegality in so far as the other party was not aware of the illegality at the time of the transaction.

– Belgore, J.S.C. Pinder v. North (2004)

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WHERE EQUITABLE INTEREST WILL OVERRIDE LEGAL INTEREST

Jared v. Clements 1903 (Supra), a decision of a strong court, Collins M.R. Romer & Cozens-Hardy L.JJ.-Romer L.J. made the following observation: “A person contracts to purchase certain property. Before completion he is told of an equitable mortgage created some time before by his vendor. What is the position of the completing purchaser when he knows of this? He knows he cannot get title from his vendor unless that outstanding equitable interest is got in or destroyed; and if he completes without that equitable interest being got in or destroyed, he can only take the property subject to that outstanding interest being got in or destroyed. In order to get a good title, it is for him to see that the outstanding interest is got in or destroyed – the purchaser might have asked that the equitable mortgagee should join in the conveyance. He might have gone himself to the equitable mortgagee and asked how matters stood; or he might have done what in fact he did, and asked the vendor to get in the equitable interest …”

EQUITY ACTS ON CONSCIENCE

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WHAT IS INEQUITABLE CONDUCT

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EQUITY AIDS THE VIGILANT

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TRIAL JUDGE IMPORTED EQUITABLE CONSIDERATION INTO HIS JUDGEMENT

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EQUITY LOOKS AT SUBSTANCE NOT FORM IN MORTGAGES

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PARTY CANNOT TAKE ADVANTAGE OF AN ILLEGALITY HE KNOWS

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WHERE EQUITABLE INTEREST WILL OVERRIDE LEGAL INTEREST

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