CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO EQUITY
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO EQUITY
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| TITLE | MAIN ISSUES |
| ABACHA and ORS V. SECRETARY OF STATE FOR THE HOME DEPARTMENT | PRACTICE AND PROCEDURE – EQUITY – Priority of competing interest – how determined – applicable rules. |
| ADEDIRE & 6 ORS V. THE CARETAKER, IFE DIV. | PRACTICE AND PROCEDURE – EQUITY-Contract – Person in fiduciary position contracting in dual capacity. |
| ADENIRAN V. ALAO | PRACTICE AND PROCEDURE – EQUITY – Equitable defences – How pleaded and proved – When defendant will not be allowed to rely thereon. |
| AGUDORO EKPE V. BEN OKE | PRACTICE AND PROCEDURE – EQUITY – Laches and acquiescence – Type of conduct that will amount to same. |
| AKIBU V. ODUNTAN | PRACTICE AND PROCEDURE – EQUITY – Demands of justice – Application of to application for stay of execution. |
| ALADE V. ALEMULOKE AND OTHERS | PRACTICE AND PROCEDURE – Equity – Estoppel – Acquiescence, laches and standing by – Silence. |
| ALFOTRIN LIMITED V. THE ATTORNEY-GENERAL OF THE FEDERATION | PRACTICE AND PROCEDURE – EQUITY – Quantum meirut – Meaning of – Nature of – Condition precedent to application of. PRACTICE AND PROCEDURE – EQUITY – Quasi-contract – Remedy of – Nature of – When available |
| ALHAJA SUARA YUSUF V. MRS. YETUNDE DADA & 3 ORS | PRACTICE AND PROCEDURE – EQUITY – EQUITABLE DEFENCES – ESTOPPEL BY SILENCE:- Rule that if a man either by word or by conduct has intimated that he consents to an act which has been done and that he will offer no opposition to it, although it could not have been lawfully done without his consent and he thereby induces others to do that from which they otherwise might have abstained he cannot question the legality of the act he had so sanctioned to the prejudice of those who have given faith to his word, or to the fair inference to be drawn from his conduct – Whether in such cases proof of positive assent or concurrence is unnecessary – Whether enough that the party had full notice of what was being done and the position of the other party is altered |
| ALLOYSIUS AKPAJI V. FRANCIS UDEMBA | PRACTICE AND PROCEDURE – EQUITY – IGNORANCE OF LAW: When ignorance of law can be excused |
| BAMISHEBI V. FALEYE | PRACTICE AND PROCEDURE – EQUITY- Estoppel – Res judicatam – Principles of – How to establish plea. |
| BARCLAYS BANK INTERNATIONAL LTD V. LEVIN BROS (BRADFORD) LTD | PRACTICE AND PROCEDURE:- EQUITY:- Specific Performance – Execution of Legal Mortgage in lieu of Equitable Mortgage – How treated |
| BRENDAN IWUCHUKWU V. DAMIAN ANYANWU | |
| BRIGGS V. THE CHIEF LANDS OFFICER OF RIVERS STATE OF NIGERIA AND ORS. | PRACTICE AND PROCEDURE – EQUITY- Purchaser of legal estate in land for value – When deemed to have actual or constructive notice of prior equitable interest. PRACTICE AND PROCEDURE – EQUITY – Specific performance – Grant of – Discretionary nature of – When will be ordered – When will not – Guiding principles. |
| BUA V. DAUDA | PRACTICE AND PROCEDURE – EQUITY – Bargain between parties – When may be voided by equity – Unconscionable bargain – Meaning of-Attitude. PRACTICE AND PROCEDURE – EQUITY – Doctrine of undue influence – Purport and implication of – Where plaintiff alleges undue influence – Burden of proof on him – How discharged – Burden on defendant. PRACTICE AND PROCEDURE – EQUITY – Doctrine of undue influence – Scope of-Rationale for Application of to person acting under religious influence -Act of undue influence – Nature of-Whether party acting under the undue influence of another need prove that he was manifestly disadvantaged by transaction concerned – Contract or gift due under undue influence – Right of disadvantaged party to rescind PRACTICE AND PROCEDURE – EQUITY – Doctrine of undue influence -What may amount to undue influence – Classification of cases of undue influence – How proved. |
| CHIEF SUNDAY N.A. UZOR (SUING BY HIS ATTORNEY, MR. SOLOMON IWEBUZOR) V. DELTA FREEZE NIGERIA LTD & ORS | PRACTICE AND PROCEDURE – EQUITY – PRIORITY- Order of priority when two competing titles originate form a common grantor |
| DADI V. GARBA | PRACTICE AND PROCEDURE – EQUITY – Lathes and acquiescence – Doctrine of- Applicability to action based on native law and custom – Conditions precedent thereto. |
| ENEKWE V. INTERNATIONAL MERCHANT BANK OF NIGERIA LTD | PRACTICE AND PROCEDURE – EQUITY- Party benefiting from his own wrong – Duty on court to prevent. |
| FAKOYA V. ST. PAUL’S CHURCH, SHAGAMU | PRACTICE AND PROCEDURE – EQUITY – Specific performance -Basis of EVIDENCE – Onus of proof – Admission by defence of facts in statement of claim – Effect. |
| FALAJU V. AMOSU | PRACTICE AND PROCEDURE – EQUITY:- Standing-by – Purchaser well known as building contractor – Completion of house by him not notice to family of his interest. |
| GANSALLO V. IDOWU | PRACTICE AND PROCEDURE – EQUITY – Laches and acquiescence – Undisturbed possession – Application of doctrine thereto under native law and custom. |
| GREEN V. GREEN | PRACTICE AND PROCEDURE – EQUITY – Doctrine of standing by – person who stood by and allowed others to fight his battle for him – whether bound by decision affecting his interest. PRACTICE AND PROCEDURE – EQUITY – Party seeking to profit by his own wrong – whether a court should allow it. |
| IBADAN CITY COUNCIL AND ANOTHER. V. AJANAKU | PRACTICE AND PROCEDURE – EQUITY:- Equity arising from conduct – Equitable estoppel – Protection by court – Power of court to determine in what way the equity could be satisfied |
| IBRAHIM V. BALOGUN | PRACTICE AND PROCEDURE – EQUITY:- Party seeking equity – Where misrepresents facts – Effect. |
| IGBINOKPOGIE V. OGEDEGBE | PRACTICE AND PROCEDURE – EQUITY- Maxims of equity – Delay defeats equity -Application Of. |
| ILONA V. IDAKWO | PRACTICE & PROCEDURE – EQUITY:- Equitable defences- Estoppel or acquiescence- Whether must be pleaded in a particular manner. |
| INSPECTOR KAYODE V. J.A. ODUTOLA | PRACTICE AND PROCEDURE – EQUITY:– Laches and acquiescence – plea of ingredients of establish same. |
| IRAGUNIMA V. RIVERS STATE HOUSING AND PROPERTY | PRACTICE AND PROCEDURE – EQUITY:- Equity regards as done that which ought to have been done – Application of principle. PRACTICE AND PROCEDURE – EQUITY:- Sufficiency of equitable interest of Plaintiff where Defendant shows no legal title. |
| ISO V. ENO | PRACTICE AND PROCEDURE – EQUITY:- Equitable defences – Where sought to be relied upon Need to plead fully with particulars. |
| IYASERE V. DOGHOR | PRACTICE AND PROCEDURE – EQUITY:- Injunction – Grant of – Limitation thereof |
| J. A. OBANOR AND CO. LTD. V. CO-OP. BANK LTD. | PRACTICE AND PROCEDURE – EQUITY:-Equitable remedies -Discretionary nature of-When will be invoked by court. |
| LABODE V. DR. GODFREY OTUBU | PRACTICE AND PROCEDURE – EQUITY:– Priority of competing interest – how determined – applicable rules. |
| LAIBRU LTD V. BUILDING & CIVIL ENG. CONT. | PRACTICE AND PROCEDURE – Equity:- Legal chases in action – Equitable assignment of. |
| LIMAN V. MOHAMMED | PRACTICE AND PROCEDURE – EQUITY:- Court of law as court of equity- Concept of- Limit and scope of. PRACTICE AND PROCEDURE – EQUITY:- Specific performance – When may, be granted by, court. |
| NASR V. B. BEIRUT-RIYAD NIG. BANK LTD. | PRACTICE AND PROCEDURE – EQUITY:- Trustees, agent and fiduciaries – Not to retain profit made in the course of or by means of office – Restitution |
| NATHANIEL AYODELE OGINNI V. INTERNATIONAL MERCHANT BANK LIMITED AND ANOTHER | PRACTICE AND PROCEDURE – EQUITY |
| NEW NIGERIA BANK PLC V. GABRIEL EGUN | PRACTICE AND PROCEDURE – EQUITY:– Principles of equity – whether can void positive terms in a contract of service. |
| NIGERIAN AIRPORTS AUTHORITY V. CHIEF DICK CELESTINE OKORO | PRACTICE AND PROCEDURE – EQUITY:- Maxims of equity – ‘Equity will do nothing in vain’ – Application of. |
| NIGERIAN BANK FOR COMMERCE AND INDUSTRY V. INTEGRATED GAS (NIGERIA) LIMITED | PRACTICE AND PROCEDURE – EQUITY:- Equitable defences – Waiver or estoppel – How pleaded – Principles governing – Whether special form required – Need to plead sufficient facts. PRACTICE AND PROCEDURE – EQUITY- Waiver – Meaning and nature of- How it occurs – Relevant considerations. |
| NWOGEM V. NZEKWU | PRACTICE AND PROCEDURE – EQUITY:- Acquiescence by crown – Onus – How discharged. |
| OBA JAMES ADELEKE & ORS. V. NAFIU ADEWALE LAWAL & ORS. | PRACTICE AND PROCEDURE – EQUITABLE REMEDIES – INJUNCTION:-meaning of- principles guiding the application of interlocutory injunction- conditions for the grant of interim and interlocutory injunctions – what the complainant must show – when order can be made- whether breach of an injunction is a contempt of court |
| OBEYA MEMORIAL SPECIALIST HOSPITAL V. ATTORNEY-GENERAL OF THE FEDERATION | Equitable Remedies:- Injunction – Nature of application for relief sought determines quantum of proof application requires – Interlocutory injunction – Balancing of interest required – Court must determine where balance of convenience and evidence lies – Interlocutory injunction – Existence of serious issues to be tried in substantive action, balance only of convenience to be considered – Purpose of interlocutory injunction – Condition upon which interlocutory injunction to be granted. |
| OBIJIAKU V. OFFIAH | PRACTICE AND PROCEDURE- EQUITY:- Part – Performance – Doctrine of – Application of. |
| OBIJURU V. OZIMS | PRACTICE AND PROCEDURE – EQUITY:- Rights in equity of a holder of an unregistered registrable Instrument – Holder/Lessee in possession – Effect of – Rule in Walsh v. Lonsdale – When applicable – Possession of lessee in possession generally – cf Bucknor Mcleans v. Inlaks. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
