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    What Were The Jurisdictions of Equity Court.

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    Hurreh
    What Were the Jurisdictions of Equity Court. The jurisdiction of Equity Court has been classified as follows:- 1. Exclusive Jurisdiction. 2. Concurrent Jurisdiction. 3. Auxiliary Jurisdiction.

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    What Were The Jurisdictions of Equity Court.

    Uploaded by

    Hurreh
    895 views1 page
    What Were the Jurisdictions of Equity Court. The jurisdiction of Equity Court has been classified as follows:- 1. Exclusive Jurisdiction. 2. Concurrent Jurisdiction. 3. Auxiliary Jurisdiction.

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    What Were the Jurisdictions of Equity Court.

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    What Were the Jurisdictions of Equity Court. The jurisdiction of Equity Court has been classified as follows:- 1. Exclusive Jurisdiction. 2. Concurrent Jurisdiction. 3. Auxiliary Jurisdiction.

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    Download as docx, pdf, or txt
    895 views1 page

    What Were The Jurisdictions of Equity Court.

    Uploaded by

    Hurreh
    What Were the Jurisdictions of Equity Court. The jurisdiction of Equity Court has been classified as follows:- 1. Exclusive Jurisdiction. 2. Concurrent Jurisdiction. 3. Auxiliary Jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    What were the jurisdictions of Equity Court.

    ___________________________________________
    The jurisdiction of Equity Court has been classified as follows:1. Exclusive Jurisdiction.
    2. Concurrent Jurisdiction.
    3. Auxiliary Jurisdiction.
    1. Exclusive Jurisdiction:
    In many case, a claimed by a plaintiff would only be enforceable in a court of chancery. In
    these cases, when the court of chancery granted relief, it was said to be exercising its
    exclusive jurisdiction. The jurisdiction was exclusive because only chancery recognized it,
    the common law did not provide such relief for such rights.
    For example, rights of persons claiming under uses and trusts, rights of a married woman in
    relation to property for her separate use, mortgages, right of redemption of a mortgage etc.
    2. Concurrent Jurisdiction:
    Cases wherein the plaintiff has his option, he could proceed either at the common law courts
    or at the chancery court. In some situation, a single set of fact will give rise the both legal
    and equitable actions. When equity provides as would have been issued at common law. That
    was concurrent jurisdiction. But the method and manner of equity was more effective than
    common law courts.
    For example, fraud, accident, mistake, partnership, recovery of specific Chattels, specific
    performance of contracts, set off etc.
    3. Auxiliary Jurisdiction:
    Where the equitable jurisdiction did not have concurrent jurisdiction over a legal right,
    auxiliary jurisdiction was exercised in there, in order to assist the defective procedure at
    common law for giving better and effective justice. In these cases equity was unable to
    provide any actual relief. But it could only grant aid in the enforcement of the right.
    For example, the Court of Chancery did not itself adjudicate upon the validity of plaintiffs
    claim. The adjudication was made by the common law courts. But Chancery Court could
    help common law court before the adjudication.
    In Cervisy vs Cervisy, 1982, 2 NSWLR 567. Case it was held that the claimant must establish
    that damages are not and adequate remedy thus would be a ground under which court
    exercise its auxiliary jurisdiction.

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