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ACQUIESCENCE WHICH AMOUNT TO FRAUD

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Dictum

The appellants have not denied that the respondent had been on the land since the Shagari administration and when they met him prior to 2002, a fence of three coaches of blocks, a gate which they removed and a Mosque were on the land. The appellants have shown a high degree of acquiescence which may amount to fraud. It was either they had voided absolutely the first sale to the respondent or they had chosen to revalidate it. They cannot approbate and reprobate. Equity will not allow it. The appellants have lost their reversionary right to title in the land through their conduct of revalidating the 20 years or more possession of the respondent.

– Ogunwumiju JCA. Awure v. Iledu (2007)

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ACQUIESCENCE CANNOT SUCCEED WHERE PARTY ON LAND WITH LEAVE OF LANDLORD

The defence of acquiescence presupposes adverse possession. Such a plea cannot succeed where, as in this case, the appellants were on the land with the leave and licences of the respondents. They ought to know that their root of title derived from the respondents. In putting up those 5 buildings, they could not be acting in the bona fide belief that they were owners. Since laches and acquiescence are equitable reliefs, the bona fides of the possessor becomes material.

– Oputa JSC. Gbadamosi v. Bello (1985)

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THE OPERATION OF LACHES AND ACQUIESCENCE

In Kayode v. Odutola (2001) 11 NWLR (Pt. 725) 659 at 684, D—F per Iguh JSC: ‘Accordingly, it has been said that if a stranger begins to build on another’s land supposing it to be his own and the real owner, perceiving his mistake, abstains from setting him right and leaves him to persevere in his error, a court of equity will not allow such real owner afterwards to assert his title to the land on which the stranger has expended money on the supposition that the land was his own. It considers that the owner saw the mistake into which the stranger had fallen and that it was the duty of such owner to be active and to assert his adverse title; and that it would be dishonest in the owner to remain wilfully passive on such an occasion, in order afterwards to profit by the mistake which such owner might have prevented. See Ramsden v. Dyson (1866) L.R.H.L. 129 at 140. One vital point has, however, been made.’

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ACQUIESCENCE TO DEPRIVE A MAN MUST BE FRAUDULENT TO HOLD SWAY

Willmott v. Barber (1880) 15 Ch.D 96 at p. 105 viz: “It has been said that the acquiescence which will deprive a man of his legal rights must amount to fraud, and in my view, that is an abbreviated statement of a very true proposition. A man is not to be deprived of his legal rights unless he has acted in such a way as would make it fraudulent for him to set up those rights.”

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LASPE OF TIME IS EVIDENCE OF ACQUIESCENCE

Lapse of time is generally evidence of acquiescence but acquiescence is not just mere lapse of time. – Oputa JSC. Gbadamosi v. Bello (1985)

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ACQUIESCENCE IN LAND – LEAVING A STRANGER TO BUILD ON LAND

“If for instance, a stranger begins to build on my land, supposing it to be his own, and I, perceiving his mistake, abstain from setting him right, and leave him to persevere in his error, a Court of Equity will not allow me afterwards to assert my title to the land on which he had expended money on, the supposition that the land was his own. It considers that when I saw the mistake into which he had fallen, it was my duty to be active, and to state my adverse title; and that it would be dishonest in me to remain wilfully passive on such an occasion in order afterward to profit by the mistake which I might have prevented”. See Lord Cranworth in Ramsden v. Dyson (1866) 1 H.L. 140: see also Rafat v. Ellis (1954) 14WACA. 430.

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