CORAM
OGUNDARE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
MUHAMMADU L. UWAIS, JUSTICE, SUPREME COURT
PARTIES
1. LASUPO AKANNI
2. ALHAJI BUSARI RAJI
3. OKE ALAPANSANPA
4. LASISI FAGBENRO
5. PASTOR DEJI
6. LASUPO ILE AWAA
7. ALAKA SANUSI
8. SALAWU AKANMU
APPELLANTS
1. ADEDEJI MAKANJU RESPONDENT
2. ODUOLA AFASEGBEJO
3. JAMES AKINTUNDE (For themselves and on behalf of other members of Makanju family otherwise known as Oganla family)
RESPONDENTS
AREA(S) OF LAW
LAND LAW – LACHES AND ACQIESCENCE – STANDING BY
SUMMARY OF FACTS
The land in dispute was sold to the appellants by an ordinary member of the family without the consent of the family and the appellants continued to build on the land despite opposition from the family.
HELD
The court held that the defence of laches, acquiescense and standing by did not avail the appellants.
ISSUES
Whether the defence of laches, acquiescense and standing by avails the appellants
RATIONES DECIDENDI
APPLICATION OF THE DOCTRINE OF LACHES AND ACQUIESCENSE
In considering the equitable doctrine of laches, the court does not act only on the delay by the plaintiffs but must also consider (1) acquiescence on the plaintiffs part and (2) any change of the position that has occurred on the defendants part. If the plaintiff by his conduct had done what may be regarded as a waiver or by his conduct and neglect has put the other party in a position in which it would be unreasonable to place him if the remedy were afterwards to be asserted the doctrine of laches would apply – Obaseki J.S.C
APPLICATION OF THE DOCTRINE OF LACHES AND ACQUIESCENSE
When trespassers knowingly and unlawfully take possession of lands, the defence of laches is not available to them- Obaseki J.S.C
CASES CITED
Lindsay petroleum Co. v. Hurd (1874) LR 5 PC 221 at 239
Fagbenro v. Aluko (1968) 1 All NLR 233 at 236
Agbeyegbe v. Ikomi 12 WACA. Taylor and ors. v. Kingsway Stores and Anor. (1965) NMLR 103.
Taiwo v. Taiwo (1958) 3 FSC 80
Caincross v. Lorimar (1860) 3 LT 130.
Ramsden v. Dyson (1866) LR 1 HL 129
Morayo v. Okiade and Ors. 8 WACA 46 at page 47
STATUTES REFERRED TO
Not Available