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 willfully 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. This is the fact that laches and acquiescence which will deprive a man of his legal rights must amount to fraud. It is added that a man must not 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. See Willmot v. Barber (1880) 15 Ch. D. 96 at 105 and Abbey v. Onenu (1954) 14 W.A.C.A. 567 at 568.
– Iguh JSC. Kayode v. Odutola (2001)
