ABSTRACT
The system of equity includes that portion of natural justice which is judicially enforceable but which for various reasons was not enforced by the courts of common law. In this context the expression ‘natural justice’ is used in the broad sense of recognising and giving effect to justiciable rights of aggrieved parties based on principles of fairness and conscience that were not acknowledged by the common law courts. The common law system was perceived as being too formalistic and rigid in its outlook with the result that the potential rights of certain litigants were subject to abuse. The principles which gave effect to the rights of litigants and which were not recognised by the common law courts were known as equity.
