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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In the case of National Insurance Corporation of Nigeria Ltd. v. Power and Industrial Engineering Co. Ltd. (1986) 1 NWLR (Pt. 14) 1 at 29, Aniagolu, JSC had this to say: “Equity, as we all know, inclines itself to conscience reason and good faith and implies, system of law disposed to a just regulation of mutual rights and duties of men, in a civilized society. It does not envisage sharp practice and undue advantage of a situation and a refusal to honour reciprocal liability arising therefrom; it will demand that a person will enter into a deal as a package-enjoying the benefits thereof and enduring, at the same time, the liabilities thereon.”
This court being a court of justice is a temple of justice adhering to the symbol of a blindfolded woman with a scale on one hand and a sword on the other to render “justice” (not injustice), to all manner of people. Indeed the beauty and greatness nay the purity of justice, in all its consuming allure and essence is to ferret out from the mass of facts and law before it, relevant points in order to give remedy to anyone who comes for that. It is not justice meted to someone who does not deserve it when that person craving for it has his hand soiled, blemished, and besmirched. It is my view that the appellants cannot eat their cake and have it. I believe that it is not only the litigants in this case but millions of our country men with an abiding faith in the nature of our jurisprudence as practised in our courts’ who have access to the courts to seek justice not adulterated justice, or justice shrouded in clouds of euphemisms or where the court would wring its hands and declare that the case does follow a regular or laid down pattern that would benefit from justice founded on law and ethics.
– Pats-Acholonu, J.S.C. Pinder v. North (2004)
So, then at law as in equity the basic rule is that estates and interest order of primary rank in the creation, Qui prior est tempore potior est jure,. he who is earlier in time is stronger in law. Thus where there are two competing equitable interests, the general rule of equity is that the person whose equity attached to the property first will be entitled to priority over the other. Where therefore, the equities are equal and neither claimant has the legal estate, the first in time prevails as in the instant appeal, the equitable interest of the 1st Respondent being prior in time to the equitable interest of the 1st Appellant, the law is that it is the 1st Respondent’s equitable interest in the land in dispute being first in time that would prevail over the equitable interest of the 1st 48 Respondent since the equities are equal.
— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014
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)
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
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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