“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.
ACQUIESCENCE MUST HAVE AMOUNTED TO FRAUD
In Abbey v. Ollenu (1954) 14 WACA 567 at 568, the West African Court of Appeal adopted and quoted with approval the dictum of Fry J. in Willmot v. Barber (1880) 15 CH.D 96 at 105 thus: “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 acted in such a way as would make it fraudulent for him to set up those rights.” See also Gerrard v. O’Reilly 3 D and WAR 414.