The Impact Of The Judicature Acts
Of 1873/75 On The Development Of
Equity.
PARTICIPANTS
NAOMI UNEKWUOJO SULE- BU/20B/LAW/4406
RABIATU IBRAHIM USMAN- BU/21A/LAW/4856
NAEEMA KAY ISIYAKU- BU/21A/LAW/5253
MMEDIANABASI IDONGESIT AKPAN- BU/21A/LAW/5174
SALMA UMAR WAKILI - BU/21A/LAW/4806
INTRODUCTION
Judicature Acts of 1873/75 were landmark legislations that
transformed the legal system of England and Wales. The Acts
merged courts of law and equity, resulting in a more efficient and
just system. The impact of these Acts on the development of
equity is significant and we will discuss it in this presentation.
LAW AND EQUITY PRIOR TO 1873/75
Before the Judicature Acts of 1873/75, law and equity were
separate legal systems, causing inefficiencies and legal
inconsistencies. The Court of Chancery, the court of equity,
developed unique legal principles and remedies. However, the
separation of the systems led to confusion and injustice. The
English legal system was divided into two separate courts: the
common law courts and the courts of equity. The common law
courts were concerned with legal rights and remedies, while the
courts of equity were concerned with fairness and justice.
THE FUSION OF LAW AND EQUITY
The Judicature Acts of 1873/75 fused the legal systems of law
and equity. This merger created a more efficient and just legal
system by eliminating legal inconsistencies and reducing
delays. The Acts established a single court system with a unified
set of rules and principles. Under the Judicature Acts, the
common law and equity courts were merged into a single court,
known as the High Court of Justice. This had the effect of
bringing common law and equity closer together, and resulted in
a more flexible and adaptable legal system.
IMPACT ON EQUITY
The Judicature Acts of 1873/75 significantly impacted the
development of equity. The Acts preserved equitable principles
and remedies, while also introducing new legal concepts. For
example, the doctrine of precedent was adopted, allowing for the
development of a consistent body of law. In Nigeria, the impact of
the Judicature Acts was felt through the application of English law.
English law was introduced to Nigeria through the colonial
administration, and the Nigerian legal system was based largely on
English law.
IMPACT ON EQUITY
CONT`D
As a result, the Judicature Acts had a significant impact on the
development of equity in Nigeria. The merger of the common law and
equity courts meant that the principles of equity became more
accessible and applicable to Nigerian law. Furthermore, the flexibility
of the new legal system allowed for the development of new equitable
remedies to suit the needs of Nigerian society. For example, the
Nigerian courts have recognized the principle of "unjust enrichment,"
which allows for the recovery of money or property where it would be
unfair for one party to keep it.
CASE LAW
The Judicature Acts of 1873/75 led to the development of a vast body
of case law. Judges were now required to provide written decisions
that would become binding precedent. This case law became a
valuable resource for legal practitioners and scholars, shaping the
development of equity. The Judicature Acts of 1873/75 led to the
development of a vast body of case law. Judges were now required to
provide written decisions that would become binding precedent. This
case law became a valuable resource for legal practitioners and
scholars, shaping the development of equity.
CASE LAW CONT`D
In the Earl of Oxford's Case (1615), the King was referred to the conflicting judgments of both
courts in the same case. This case finally put an end to the issue of incompatibility, with the
King's decision defining the legal principle of 'where there is a conflict between equity and
common law, then equity shall prevail,' i.e. equity sits on top of the law. It is important to note
that if a different decision had been made, equity would have become defunct and would not
have had the necessary powers to soften the blow of common law. This case also further
corroborated that one of the underlying questions a judge must consider is one of 'conscious' in
cases of equity.
The Judicature Act, enacted in 1873, is a key piece of legislation in the legal community
because it abolished the Common Law courts and Court of Chancery, replacing them with a
new Supreme Court comprised of the High Court and Court of Appeal. What's more, S.25 (11)
of the Act provided some certainty by clarifying which court would prevail in situations of
incompatibility, reaffirming the King's view in 1615 that if the Common Law and equity
conflict, equity shall prevail.
CONCLUSION
In conclusion, the Judicature Acts of 1873/75 had a profound impact on
the development of equity. The Acts fused the legal systems of law and
equity, creating a more efficient and just legal system. The preservation of
equitable principles and remedies, along with the development of case
law, ensured that equity remained a vital part of English law. In
conclusion, the Judicature Acts of 1873/75 had a profound impact on the
development of equity. The Acts fused the legal systems of law and
equity, creating a more efficient and just legal system. The preservation of
equitable principles and remedies, along with the development of case
law, ensured that equity remained a vital part of English law.
