He who comes to equity must comes with clean hands

He who comes to equity must comes with clean hands

Introduction:

This is a fundamental maxim of equity that requires; that he who seeks intervention of a court of equity in a matter must ensure that he does nothing to tarnish its application. This maxim is differentiated from “He who seeks equity must do equity” in that the former looks at an applicant’s past conduct while the latter focuses on their future conduct.

Meaning:

It means that the plaintiff not only must be prepared to do what is right and fair, but also must show that his past record in the transaction is clear.

Case Law:

Highwaymen case:

In highwaymen case, two robbers were partner in their own way. Due to a disagreement in shares one of them filed a case against other for accounts of the profits of robbery. The Court of equity do grant relief in case of partnership but here was a case where the cause of action arose from an illegal occupation. So the court refuse to help them.

Application:

This maxim has application on following cases.

1)   Specific performance:

If the plaintiff has been guilty of undue advantage the court of equity will refuse the specific performance of a contract.

2)   Illegality:

Where parties to an illegal agreement appear before the court of equity for division of their respective shares towards the property obtained. The Court of equity will refuse to give any relief to any of the parties because the cause of action has been arisen from an illegal agreement.

3)   Fraud:

In case of fraud, equity will not grant relief to a party who has committed fraud.

4)   Benami transaction:

Real owner is not allowed to recover property.

5)   Infant’s Misrepresentation:

Where a minor fraudulently concealing his age and has obtained a sum from his trustee to which he was entitled to only at the age of majority. He was refused to get assistance from the court of equity.

Exception to maxim:

There are two exceptions to above stated maxim such as:

(i)                  For the sake of public relief is granted even the transaction is against public policy. Parties may be relieved on grounds of moral values.

(ii)                Where party admits his wrongdoing before his unjust plans are carried out, the court will not stick to the letter of the maxim and will extend its assistance for doing justice.

Position in Pakistan:

The maxim who comes to equity must come with clean hands is applicable in the Courts of law in Pakistan as follows;

(i)                  Transfer Of Property Act Sections 48, 73 and 78.

(ii)                Qanoon-e-Shahadat Order 1984 Article 114.

(iii)               The Contract Act 1872 Section 23.

(iv)              The Trust Act Section 23.

(v)                Specific Relief Act Section 17&18.