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 Historical Development of Equity

*The origin of Equity can be traced back to the end of the 13th century.

*In England the original law was the Common Law, it was based on the common customs of the country which were administered by Common Law Courts.

*The Administration of Justice in Common Law Courts was based on the maxim, "Ubi Jus Ibi Remedium" , which meant that ‘where there is a remedy there is a right’

*Common Law was known as the law of remedy rather than the law of right

*This resulted in curtailing the remedies available to the complainant under common law and because of this, injustice was done to the people.

*Gradually Common Law became a body of rules that provided limited remedy and which was incapable of growth.

*Towards the end of 13th Century, Administration of Justice served by

1-The King’s Bench

2-The Court of Common plea

3-The Exchequer/ Chancery Court

Court of Chancery Established

*To avoid the slow pace of change or possible harshness (in equity) in the Common Law court, Court of Chancery was established:

*People unsatisfied with the judgement of Common law Court, petition was made to the King-in-Council to exercise his extraordinary judicial powers.

*A custom developed by referring to these petitions by the ‘Chancellor’, who was the Chief of the King’s Secretaries.

* It was in dealing with these petitions that the ‘Chancellor' began his judicial functions and the ‘Court of Chancery’ was established besides the Court of Common Law.

*The Chancellor acted according to his judicial conscience or the principles of natural justice. The Chancery court is the court which authorized to apply the principles of equity as opposed to law, to cases brought before it. Supreme Court of Judicature Act. In 15th Century the Chancery became an entire judicial body .The Supreme Court of Judicature Act dissolved the Chancery and created a new unified High Court of justice with the Chancery division- 1 of 3 divisions of the High Court succeeding the court of Chancery as an equitable body.

The Supreme Court of Judicature Act, 1873

There were two (2) courts under The Supreme Court of Judicature Act, 1873 :

1. High Court and

2. Court of Appeal

High Court had 3 divisions:

1. Chancery Division

2. Queens Bench Division and

3. Probate, Divorce and Admiralty Division

Functions of Equity Courts

1. Administration of estates of deceased person;

2. Dissolution of partnership and partnership accounts;

3. Redemption of foreclosure of Mortgage;

4. Rising of portion or other charge of land;

5. Sale and distribution of property subject to a lien or charge;

6. Execution of trust;

7. Ratification, cancellation or set a side of any written/dead instruments;

8. Specific performance of contract;

9. Partition all sale of real estate;

10. Wardship of infants in case of their estates.