Analytical Jurisprudence of the Nature and Application of Equittable Maxim in the Administration of Justice in Nigeria: An Appraisal

Abstract

The application of strict rule of common Law led to hardship, inconvenience, injustice and unfairness in the administration of justice..This led to the intervention of doctrine of equity to remedy the injustices, hardship and unfairness of the exercise of the common law maxim of equity Maxim of equity are guidelines of jurisdiction of equity to show historical development of equitable rules and procedure as well as to guide the rules in the present and the future..The research adopted doctrinal method which analytically examined books and judicial decisions on maxim of equity .It was found that the maxim were mere guidelines to appreciating the extent of equity jurisdiction but there are many practices of equity without maxim though some maxims overlap. It has been recommended in view of the importance of the maxim to equity, the overlapped maxim be reduced and brought under "Equity will not allow a wrong to be without remedy” and "Equity acts in persona” It was also recommended that the court should take into consideration the desire of the settlor in the distribution except where a discretion is provided by the settlor