LASPE OF TIME IS EVIDENCE OF ACQUIESCENCE

Lapse of time is generally evidence of acquiescence but acquiescence is not just mere lapse of time. – Oputa JSC. Gbadamosi v. Bello (1985)

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ACQUIESCENCE TO DEPRIVE A MAN MUST BE FRAUDULENT TO HOLD SWAY

Willmott v. Barber (1880) 15 Ch.D 96 at p. 105 viz: “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 has acted in such a way as would make it fraudulent for him to set up those rights.”

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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)

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ACQUIESCENCE WHICH AMOUNT TO FRAUD

The appellants have not denied that the respondent had been on the land since the Shagari administration and when they met him prior to 2002, a fence of three coaches of blocks, a gate which they removed and a Mosque were on the land. The appellants have shown a high degree of acquiescence which may amount to fraud. It was either they had voided absolutely the first sale to the respondent or they had chosen to revalidate it. They cannot approbate and reprobate. Equity will not allow it. The appellants have lost their reversionary right to title in the land through their conduct of revalidating the 20 years or more possession of the respondent.

– Ogunwumiju JCA. Awure v. Iledu (2007)

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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.

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ACQUIESCENCE IN LAND – LEAVING A STRANGER TO BUILD ON LAND

“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 CANNOT SUCCEED WHERE PARTY ON LAND WITH LEAVE OF LANDLORD

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LASPE OF TIME IS EVIDENCE OF ACQUIESCENCE

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ACQUIESCENCE TO DEPRIVE A MAN MUST BE FRAUDULENT TO HOLD SWAY

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A HIGH DEGREE OF ACQUIESCENCE IS REQUIRED TO EXTINGUISH RIGHT

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ACQUIESCENCE WHICH AMOUNT TO FRAUD

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ACQUIESCENCE MUST HAVE AMOUNTED TO FRAUD

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ACQUIESCENCE IN LAND – LEAVING A STRANGER TO BUILD ON LAND

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