REPUGNANT TO NATURAL JUSTICE, EQUITY AND GOOD CONSCIENCE

• Date: 06 February 2019

(1) "The phrase "repugnant to natural justice, equity and good conscience" has not been interpreted disjunctively by the Courts - see p. 233 of The Native and Customary Courts of Nigeria by Keay and Richardson. "Equity" in its broad sense, as used in the repugnancy doctrine is equivalent to the meaning of "natural justice" and embraces almost all, if not all the concept of "good conscience". The following passage appears on p.5 of Snell’s Principles of Equity, 27th Edition, by Megarry and Baker: - "The term "equity" has a broad popular sense and a narrow technical sense. In its popular sense equity is practically equivalent to natural justice or morality." Similarly, the words "natural justice" have been held by Lord Mansfield, C.J. in Moses v. Macfarland, (1760) 2 Burr. 1065, in an action to enforce a quasi- contract, to mean equity and natural law. He put it thus: - "The words "natural justice" were here clearly not used in their modern sense, but were synonymous with natural Law in the same way as the word "equity" did not refer to technical equity, i.e. the equity of the Chancery Court, but to jus naturale. In other words, natural justice and equity in this passage meant the same thing i.e. - "natural Law"." - Per Uwais, J.S.C., in Okonkwo v. Okagbue Suit No. S.C. 299/1991; (1994) 9 N.W.L.R. (Pt. 368) 301 at 322.

(2) "This is the old repugnancy...