The Law of Equity (Ann Mumo, 2021-Jun-18)

Introduction:
Historically, justice system in Kenya was based on common law in England. Common law was suffering from some detects. Several rights could not be enforced and consequently, many wrongs could not be readdressed. To solve this problem, different legal principles has been evolved during a period of English court system and those legal principles were finally known as Equity.

Equity and common law are not two opposing system of law. There are some reasons to opine that Equity and common law are not two opposing system of law. 

This includes:

1) Base of Equity:

It can be found in two maxims. 
One is that equity follows law, and:
The second where there are equal equities, the law shall prevail. 
Those two reveals that Equity itself does not act contrary to common law: System of law.

2) Law of Limitations and concept of latches:

Both Equity and common law do not encourage unreasonable delay as far as initiation is concerned. To discourage such unreasonable delay,there is law and there is concept of latches in Equity. Therefore, it will fair to opine that both Equity and common law are not two opposing system of law.

3) Operation of Decree.
As far as operation of decree is concerned, Equity acts in rem.Such acting saves both Equity and common law from a collision with each other. Therefore, it will be fair to opine that both Equity and common law are not two opposing system of law.

4) Providing of remedy
Equity provides remedy only in that case where no legal remedy is available. When a legal remedy is available, Equity does not interfere into matter and leaves the matter for court of Law. Therefore, it will be fair to opine that Equity and common law are not two opposing system of law.

5) Conscience and Rules of law 

Although, Equity acts on conscience yet it also keeps itself bound to rules of law in all those cases in which rules of law are applicable. Therefore, it will be fair to opine that both Equity and common law are not two opposing system of law. 

To conclude, it can be stated that it is reality that defects which were present in common law, paved a way of for evolution of Equity. However, their coexistence during initial period and their fusion in later stage reveal that equity and common law are not two opposing system of law.    

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