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.”
CONDUCT THAT WILL AMOUNT TO LACHES & ACQUIESCENCE
Equitable estoppel thus bears some relationship to the equitable doctrine of laches. The type of conduct that will amount to laches and acquiescence will be such that will be repugnant to equity and good conscience. – Oputa JSC. Gbadamosi v. Bello (1985) Was this dictum helpful? Yes 0 No 0...