Legal Principles – Nigerian LawCompass

Equity and Trusts Important

EQUITY AND TRUSTS – Laches and Acquiescence – Conduct Required to Establish Defence

"The type of conduct that will amount to laches and acquiescence will be such that will be repugnant to equity and good conscience. Nothing was shown in this case. In...

Equity and Trusts Important

EQUITY AND TRUSTS – Estoppel – Participation in Sharing Exercise – Effect on Subsequent Challenge

"The plaintiff is certainly estopped or precluded from contesting the issue of the sharing of assets and liabilities of the old Ondo State which had long been settled with it...

Equity and Trusts Important

EQUITY AND TRUSTS – Injunction – Nature and Purpose – Protection of Existing Legal Right

"Injunction is granted to protect an existing legal right with the object of keeping matters in status quo. This claim assumes erroneously the ownership of property vested in it by...

Equity and Trusts Important

EQUITY AND TRUSTS – Defences – Acquiescence – Effect on Void Acts

"The appointment, being void, would plaintiff's acquiescence clothe it with validity? I rather think not."

Equity and Trusts Important

EQUITY AND TRUSTS – Trustees – Property Vested in Trustees – Interests of Beneficiaries

"The property of the church is vested in the Board of Trustees. But they are trustees for the true owners — members of the church. It is imperative, therefore, that...

Equity and Trusts Important

EQUITY AND TRUSTS – Trustees – Discretion of Court – Grant of Declaratory Relief to Trustees

"It is trite that the grant of a declaration of right is at the discretion of the court but it is a discretion that must be exercised judicially. An appellate...

Equity and Trusts Important

EQUITY – Proprietary Estoppel – Expenditure on Land of Another – Expectation Induced by Owner – Protection of Equity

"Where a person has expended money on the land of another in the expectation, induced or encouraged, by the owner of the land that he would be allowed to remain...

Equity and Trusts Important

EQUITY AND TRUSTS – Trustees’ Duties – Capacity of Unincorporated Associations to Hold Property Through Appointed Trustees

"An unincorporated association does not legally exist and must of necessity act through its appointed representatives... The provisions of section 2(1), 2(3) and 3 of the Land (Perpetual Succession) Act,...

Equity and Trusts Important

EQUITY AND TRUSTS – Express Trusts – Trust for Unincorporated Association – Validity of Gift to Trustees

"The lower court did not hold that the trustees became absolute owners of the land. That court held that the land became vested in the trustees as recipients of the...

Equity and Trusts Important

EQUITY AND TRUSTS – Express Trusts – Trust for Unincorporated Association – Validity of Gift to Trustees

"The lower court did not hold that the trustees became absolute owners of the land. That court held that the land became vested in the trustees as recipients of the...

Equity and Trusts Important

EQUITY AND TRUSTS – Trustees’ Duties – Capacity of Unincorporated Associations to Hold Property Through Appointed Trustees

Equity and Trusts Important

EQUITY AND TRUSTS – Equitable Remedies – Clean Hands Doctrine in Granting Injunction

"The court will only grant a perpetual injunction at the suit of a plaintiff in support of a right known to law or equity. The conduct of a plaintiff must...