EQUITY AND TRUSTS ā Maxims of Equity ā Ubi Jus Ibi Remedium ā Court Must Provide Remedy Where Right Is Established
Principle Statement
The maxim ubi jus ibi remedium is a principle of universal validity available to all legal systems involved in impartial administration of justice. It enjoins courts to provide a remedy whenever the plaintiff has established a right. The court obviously cannot do otherwise.
Ratio Decidendi (Source)
Per Karibi-Whyte, JSC, cited in Saleh v. Monguno (2006) NLC-123-403-2001(SC) at pp. 19ā20; Paras DāA.
"I think it is erroneous to assume that the maxim ubi jus ibi remedium is only an English Common Law principle. It is a principle of universal validity couched in Latin and available to all legal systems involved in the impartial administration of justice. It enjoins the Courts to provide a remedy whenever the Plaintiff has established a right. The Court obviously cannot do otherwise."
Explanation / Scope
Where there is a right, there must be a remedy. Courts must provide a remedy when a right is established. The principle applies to equity and trusts as a universal maxim.
