Principle Statement

The law assists only those who are vigilant in pursuing their rights, not those who sleep upon them. A party who stands by and watches another take possession of a thing cannot later wake up to assert a claim to it.

Ratio Decidendi (Source)

Per Muhammad, JSC, in Ntuks & Ors v. NPA (2007) NLC-123-190-2003(SC) at p. 31; Paras D–E.

"The law will not allow a sleeping party to wake-up abruptly to lay a claim on a thing that he stood by to watch another person take it away. The law assist only those who are vigilant. The Latin maxim has it: vigilantibus et non dormientibus jura subveniunt i.e. the laws aid those who are vigilant, not those who sleep upon their rights."
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Explanation / Scope

The principle is an equitable maxim that underscores the importance of diligence and promptness in the assertion of legal rights. Equity will not assist a party who has delayed unreasonably in enforcing their rights, particularly where such delay has caused prejudice to another party or where the party has acquiesced in the acts of the other. The maxim is related to the doctrine of laches and the limitation of actions. It encourages parties to act promptly to avoid injustice and uncertainty. The principle applies where a party had knowledge of the infringement of their rights but took no action for an extended period. It prevents the revival of stale claims and protects the expectation of those who have acted in reliance on the inaction of the party with the right. The principle promotes fairness and finality.

Cases Applying This Principle

S.O. Ntuks & Ors v. Nigerian Ports Authority