ABSTRACT

In this chapter, we trace the historical evolution of the equitable jurisdiction. The legal evolution of equity is identified in three major periods: the medieval period; the formative period; and the period of systemisation. The body of law we currently refer to as equity progressed gradually throughout these periods from a broad-based discretion in the very early stages to a well structured administration in the end. The modern equitable jurisdiction is vastly different from its predecessors; the differences are better appreciated through a careful examination of these historical processes.