In Kaiyaoja and Ors. v. Lasisi Egunla (1974) All NLR 913, a situation which is not completely dissimilar to the one at hand, in considering the applicability of the doctrine of acquiescence and laches this court held – “3. that the doctrine of laches and acquiescence was wrongly applied to this case. 4. that mere lapse of time is not enough to justify the defence of laches unless such lapse of time is coupled with the existence of circumstances which make it inequitable to enforce the claim; 5. that, though there may be acquiescence without undue delay, yet the acquiescence which will deprive a man of his legal rights must amount to a fraud. 6. that the appellant’s conduct in the present case was such that they could not be said to have slept upon their rights.”
NATURE OF LACHES & ACQUIESCENCE
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...