ABSTRACT

The essence of an equitable right is that it attracts equitable remedies. Equitable remedies are usually only available in the equitable jurisdiction, despite the administratively merged system. This means that an applicant cannot obtain an equitable remedy to compensate for the breach of a common law right unless the common law remedy is inadequate; nor can a plaintiff claim an equitable remedy in a court that does not have equitable jurisdiction, such as the District Court. Unlike common law remedies, which are available as of right once a breach of law is proved, equitable remedies are only available at the discretion of the court. There are numerous major and minor equitable remedies, and some of the most common are discussed below.