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Exploring the Equitable Doctrines of Laches and Acquiescence as Defences in Nigerian Jurisprudence

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In the Nigerian Legal System, various doctrines and legal principles play a pivotal role in determining the outcome of disputes. Two of these doctrines—laches and acquiescence—have emerged as significant defences in cases involving land ownership or possession. These equitable doctrines have become increasingly significant in resolving land disputes. This article explored these doctrines as defences available to a defendant where a claimant has unduly delayed in asserting rights over land. It aimed to analysed the conditions under which these doctrines apply and assess their relevance to land ownership and possession. Employed doctrinal research methodology, the article drews upon judicial decisions, statutory provisions, legal dictionaries, textbooks, and academic commentaries to provide a comprehensive exploration. Observations reveal that courts have consistently applied these principles to uphold equity, particularly in favour of defendants who have acted in good faith and to prevent injustice caused by undue delay. The findings further demonstrated that while these doctrines serve a critical role in protecting longestablished possession, their application must be carefully balanced against the need to uphold legal rights. The article recommended a context-sensitive application of laches and acquiescence, ensuring their use reflects contemporary socio-legal realities and promotes fairness. It concluded that these doctrines, though rooted in equity, must evolve in their interpretation to address the complexities of modern land disputes in Nigeria.
Title: Exploring the Equitable Doctrines of Laches and Acquiescence as Defences in Nigerian Jurisprudence
Description:
In the Nigerian Legal System, various doctrines and legal principles play a pivotal role in determining the outcome of disputes.
Two of these doctrines—laches and acquiescence—have emerged as significant defences in cases involving land ownership or possession.
These equitable doctrines have become increasingly significant in resolving land disputes.
This article explored these doctrines as defences available to a defendant where a claimant has unduly delayed in asserting rights over land.
It aimed to analysed the conditions under which these doctrines apply and assess their relevance to land ownership and possession.
Employed doctrinal research methodology, the article drews upon judicial decisions, statutory provisions, legal dictionaries, textbooks, and academic commentaries to provide a comprehensive exploration.
Observations reveal that courts have consistently applied these principles to uphold equity, particularly in favour of defendants who have acted in good faith and to prevent injustice caused by undue delay.
The findings further demonstrated that while these doctrines serve a critical role in protecting longestablished possession, their application must be carefully balanced against the need to uphold legal rights.
The article recommended a context-sensitive application of laches and acquiescence, ensuring their use reflects contemporary socio-legal realities and promotes fairness.
It concluded that these doctrines, though rooted in equity, must evolve in their interpretation to address the complexities of modern land disputes in Nigeria.

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