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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Declaratory judgment - a legal or an equitable remedy?
Author:Ezejiofor, Gaius
Periodical:The Nigerian Law Journal
Geographic term:Nigeria
property rights
Abstract:In Nigeria the courts of law and equity were fused in 1873-75 and since then law and equity are administered by the same courts. Yet, whether a declaration of title is a legal or an equitable remedy is not merely academic. Moreover, upon the answer to the question might depend the nature of conduct to which a claimant Bust conform before the remedy can be decreed in his favour. For example, if the relief is equitable must he do equity in order to succeed? To answer correctly to this question, the article has a brief look at the history of declaratory judgments of which a declaration of title is only an aspect. Sections: History - Declaratory judgments in the Nigerian courts (Jurisdiction; Declaration of title to land) - Non-suit or dismissal: discretion of court - Conclusion. Ref.