Just Decided Cases

LASUPO AKANNI & ORS V. ADEDEJI MAKANJU & ORS

Legalpedia Citation: (1978-11) Legalpedia (SC) 73911

In the Supreme Court of Nigeria

Fri Nov 17, 1978

Suit Number: SC. 89/1976

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

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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