Principle

EQUITY AND TRUSTS – Laches – Plaintiff’s Vigilance – Institution of Prior Action Negatives Acquiescence

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

Institution of a prior action by the plaintiff negatives any defence of laches or acquiescence. Vigilance, not delay, is demonstrated by earlier legal action. The defendant's admission that the plaintiff had previously sued him is admissible to rebut acquiescence. Cross-examination can properly elicit such admissions.…

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