LEGAL PRINCIPLE: EQUITY & TRUSTS – Clean Hands Doctrine – Applicant Must Come with Clean Hands
PRINCIPLE STATEMENT
It is a serious matter to flout a court order and then seek a discretionary remedy. A party in contempt cannot invoke the equitable and discretionary jurisdiction of the court.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Lawal-Osula v. Osula (1995) NLC-661993(SC) at p. 16; Paras D–F.
"It is a serious matter for anyone to flout a positive order of a court of competent jurisdiction and then turn round to seek a discretionary remedy from court while still in contempt of such court order. The applicants being in contempt of court in this cause cannot now be heard to invoke the equitable and discretionary jurisdiction of this court for a stay of execution or to restrain the respondents from selling the properties in dispute."
EXPLANATION / SCOPE
The clean hands doctrine requires a party seeking equity to come with clean hands. A contemnor cannot seek equitable relief. The principle applies to stay of execution, injunctions, and other discretionary remedies. The applicant must first comply with the court order. The rule prevents abuse of court process. The court will not reward disobedience. The party must purge the contempt before seeking relief. The principle is fundamental to equity. The court will examine whether the applicant is in contempt.
