“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.
A HIGH DEGREE OF ACQUIESCENCE IS REQUIRED TO EXTINGUISH RIGHT
Besides, a high degree of acquiescence (not just 12 years) is required to extinguish the original owner’s reversionary right in land in favour of an occupier. – Nnamani JSC. Gbadamosi v. Bello (1985) Was this dictum helpful? Yes 2 No 0...