Legal Principles – Nigerian LawCompass

Equity and Trusts Important

EQUITY AND TRUSTS — Merger — Mortgages — Deeds of Same Nature Not Merged by Further Advances

"In the present case, there was no question of the principle of merger operating because all the said exhibits 4, D1 and 5 are deeds of mortgage which are securities...

Equity and Trusts Important

EQUITY AND TRUSTS — Equitable Remedies — Injunction May Survive Failure of Declaration of Title Claim

"The law is equally settled that a claim for an injunction is not necessarily to fail after a claim for a declaration of title fails provided the area of the...

Equity and Trusts Important

EQUITY AND TRUSTS — Merger — Mortgages — Intention Required for Merger

"For a merger to be created in such transactions, such an intention must be evinced in the documents from the documents executed by the parties, or such evidence as would...

Equity and Trusts Important

EQUITY AND TRUSTS — Acquiescence — Definition and Degree Required to Defeat Legal Rights

"This court defined acquiescence as quiescence under such circumstances that assent may be reasonably inferred from it, and is no more than an instance of the laws of estoppel by...

Equity and Trusts Important

EQUITY AND TRUSTS — Specific Performance — Remedy for Sale of Land

"Although generally, an order of specific performance will not be readily granted where a remedy in damages is adequate, in a case involving sale of land, the law is that...

Equity and Trusts Important

EQUITY – Delay and Laches – Promptitude Required for Equitable Relief of Rescission

"In claims ... for rescission of contracts, the special relief in equity is only given on condition that the plaintiff comes with great promptitude ... Any substantial delay after the...

Equity and Trusts Important

EQUITY AND TRUSTS — Undue Influence — Burden of Proof — Burden on Donee to Show Righteousness of Transaction in Presumed Undue Influence Cases

"In certain cases the relation between A and B may be such that A has peculiar opportunities of exercising influence over B. If under such circumstances A enters into a...

Equity and Trusts Important

EQUITY AND TRUSTS — Undue Influence — Classification — Actual Undue Influence Where Influence Expressly Used by Donee

"First, where the court has been satisfied that the gift was the result of influence expressly used by the donee for the purpose; second, where the relations between the donor...

Equity and Trusts Important

EQUITY AND TRUSTS — Undue Influence — Actual Undue Influence — Transaction Set Aside Without Proof of Disadvantage Where Influence Expressly Used

"Undue influence is no doubt elusive of satisfactory definition but it may be regarded as a state of mind of a person who has been subdued to any improper persuasion...

Equity and Trusts Important

EQUITY AND TRUSTS — Merger — Mortgages — Deeds of Same Nature Not Merged by Further Advances

EQUITY AND TRUSTS — Equitable Remedies — Injunction May Survive Failure of Declaration of Title Claim

EQUITY AND TRUSTS — Merger — Mortgages — Intention Required for Merger

EQUITY AND TRUSTS — Acquiescence — Definition and Degree Required to Defeat Legal Rights

EQUITY AND TRUSTS — Specific Performance — Remedy for Sale of Land

EQUITY – Delay and Laches – Promptitude Required for Equitable Relief of Rescission

EQUITY AND TRUSTS — Undue Influence — Burden of Proof — Burden on Donee to Show Righteousness of Transaction in Presumed Undue Influence Cases

EQUITY AND TRUSTS — Undue Influence — Classification — Actual Undue Influence Where Influence Expressly Used by Donee

EQUITY AND TRUSTS — Undue Influence — Actual Undue Influence — Transaction Set Aside Without Proof of Disadvantage Where Influence Expressly Used

EQUITABLE REMEDIES – Injunction – Grant to Protect and Support an Established Legal Right

EQUITY & TRUSTS – Injunctions – Grant of Perpetual Injunction Based on Title and Possession

EQUITY & TRUSTS – Discretionary Remedies – Party in Contempt Not Entitled to Equitable Relief