REQUIREMENTS FOR CONVICTION OF UNLAWFUL POSSESSION OF INDIAN HEMP

LONG POSSESSION MUST BE ADVERSE FOR ACQUIESCENCE IN CUSTOMARY LAW

I know that the inflexible principle of customary law is that no prescriptive title can be declared in favour of the respondent in spite of his long possession of the land in dispute. However, the courts are courts of both law and equity. In the exercise of its equitable jurisdiction in this matter the court acts on three principles. First, the right of the occupier must be adverse to those of the real owner. That has been proved in this case by the appellants. Not only must the possession be adverse, it must have lasted a long time. Thirdly, the real owner must have been guilty of acquiescence and/or laches to enable the occupier bring into play the defence of estoppel by conduct. In its simplest form, acquiescence means conduct from which it can be inferred that a person has agreed to a certain state of affairs affecting his legal rights. Acquiescence therefore operates by way of estoppel.

– Ogunwumiju JCA. Awure v. Iledu (2007)