The concept of Laches has been described in one opinion as a product equality which is in itself synonymous with equity. This opinion then goes on to state that Laches are applicable when an equitable remedy is required but there’s no statutory limitation time applicable.
What this means is that regarding land matters where delay can serve to defeat equity, several factors can arise to bar a party from his right to ownership of land. One such factor is the doctrine of laches and acquiescence which will form the focus of this article.
What exactly are Laches?
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The concept of “Laches” is essentially a doctrine of time limit when seeking judicial redress, particularly concerning violations of rights to land, that serves to combat unreasonable delays in seeking to enforce a right, meaning that laches will serve to bar a party that slept on his right from seeking later to have that same right enforced.
What is Acquiescence?
This is a situation of estoppel that arises when a person knowingly stands by or remains indolent without contesting an encroachment on their rights by another party who is doing so unknowingly e.g. Acquiescence will be said to occur where a person buys a piece of land and simply fails to register his title to the land of carry out effective occupation of the land within reasonable time (12 years in several jurisdictions of Nigeria), only to surface when the land has been bought without prior knowledge of a previous buyer by another party.
How was the concept of Laches and Acquiescence introduced into Nigerian law?
The doctrine of laches and acquiescence was adopted into Nigerian law from the English Case Law of Lindsay Petroleum v Hurd decided in 1897 where it was established that in order to prove Laches, 2 circumstances always important in such cases are the length of the delay and the nature of acts done during the interval, which might affect either party and cause a balance of justice and I just in taking the one course or the other so far as relates to the remedy.
A party is said to have effected acquiescence via conduct affecting his right where he behaves in such a manner as to lead any reasonable man to believe that he consents to the course of conduct and it would amount to an irreparable lack of seriousness on the affected party to later assert his right against the infringing party.
