LEGAL PRINCIPLE: EQUITY AND TRUSTS – Laches and Acquiescence – Mere Lapse of Time Insufficient – Additional Factors Required
PRINCIPLE STATEMENT
Laches is not delay alone; some other factor must exist, or at least the delay must be such that the existence of some other factors may be inferred. Laches may be evidence of the waiver of a party's right, but waiver is incomplete without consideration in some shape or form proceeding from the other party. There is a stale claim when laches has brought about the destruction or loss of evidence which might have supported or rebutted it.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Kayode v. Odutola (2001) NLC-1451997(SC) at pp. 15–16; Paras C–D.
"Laches is not delay alone; some other factor must exist, or at least the delay must be such that the existence of some other factors may be inferred. Laches may be evidence of the waiver of a party's right, but waiver is incomplete without consideration in some shape or form proceeding from the other party. There is a stale claim when laches has brought about the destruction or loss of evidence which might have supported or rebutted it."
EXPLANATION / SCOPE
Mere delay is insufficient to establish laches—additional factors must exist or be inferable. Laches may evidence waiver, but waiver requires consideration from the other party. A claim becomes stale when delay causes destruction or loss of evidence that could have supported or rebutted it. The defence protects against prejudice from unreasonable delay, not delay alone. The court examines whether the defendant suffered detriment due to the plaintiff’s inaction. Prejudice may include loss of witnesses, faded memories, destroyed documents, or change of position. Without such factors, delay does not bar relief. The burden is on the defendant to prove both delay and prejudice.
