Whither Equity in the Nigerian Justice System: The Consent/Mortgage Episode
Authors:
OLUGASA Olubukola
Publication Type: Journal article
Journal: Babcock University Socio-legal Journal
ISSN Number:
0
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Abstract
The article appraises the judicial pronouncements on the legal requirement for consent before legal mortgage and relates the effect of the pronouncements to the death of many banks in Nigeria. It argues that the Courts have consistently stiffled equity in attaining substantial justice in spite of the provision of the Judicature Act now reflected as section 15 of the laws creating the High Courts and otherwise in other Courts. The article concludes by emphasising the crucial need for the judiciary to apply more of equity in providing superior justice to save Nigeria's banking system and the economy in that regard.