LEGAL PRINCIPLE: EQUITY AND TRUSTS — Acquiescence — Definition and Degree Required to Defeat Legal Rights
PRINCIPLE STATEMENT
Acquiescence is quiescence under circumstances where assent may reasonably be inferred. A high degree of acquiescence is required to obliterate the original owner's reversionary right. Acquiescence that deprives a man of his legal rights must amount to fraud.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Okereke & Anor v. Nwankwo & Anor (2003) NLC-111999(SC) at p. 18; Paras D–E.
"This court defined acquiescence as quiescence under such circumstances that assent may be reasonably inferred from it, and is no more than an instance of the laws of estoppel by word or conduct; the principle of estoppel by representation applying both at law and equity, although the application to acquiescence is equitable. The court held that (a) a high degree of acquiescence is required to obliterate the original owner’s reversionary right in land in favour of an occupier, (b) although there may be acquiescence without undue delay acquiescence which will deprive a man of his legal rights must amount to fraud."
EXPLANATION / SCOPE
Acquiescence requires a high degree of conduct amounting to fraud to defeat legal rights. The principle applies to equity. Mere delay or silence is insufficient. The rule protects property rights. The party must show fraudulent conduct. The principle is well-established.