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.”
DOCTRINE OF LACHES AND ACQUIESCENCE BARS A PERSON
The doctrine of laches and acquiescence are equitable defences which operate to bar a person who has slept over his right for a long period of time from asserting his said right against an innocent party. The Courts have always refused aid for stale demand, where a party slept over his right. See Alhaji Oduola...