LEGAL PRINCIPLE: EQUITY AND TRUSTS – Laches and Acquiescence – Conduct Required to Establish Defence
PRINCIPLE STATEMENT
The type of conduct that will amount to laches and acquiescence will be such that will be repugnant to equity and good conscience. Nothing was shown in this case. In fact the defendants made ill-gotten gains by selling or leasing parts of the land to the detriment of the plaintiffs who own same. All alienations are therefore necessarily nullities as the defendants cannot sell what does not belong to them.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ekpe & Ors v. Oke & Ors (2001) NLC-351996(SC) at pp. 11–12; Paras E–A.
"The type of conduct that will amount to laches and acquiescence will be such that will be repugnant to equity and good conscience. Nothing was shown in this case. In fact the defendants made ill-gotten gains by selling or leasing parts of the land to the detriment of the plaintiffs who own same. All alienations are therefore necessarily nullities as the defendants cannot sell what does not belong to them."
EXPLANATION / SCOPE
Laches and acquiescence require conduct repugnant to equity and good conscience—typically, prolonged inaction causing prejudice to the other party. The defence fails where the defendant actively benefits from wrongful acts (e.g., selling or leasing land they do not own). Such conduct is not excused by delay. Alienations by a person without title are nullities—they cannot sell what they do not own. The true owner’s delay does not validate unauthorised transactions. Equity aids the vigilant, not those who profit from wrongdoing. The defence requires detrimental reliance by the defendant, not mere passage of time.