03/08/2018
LACHES AND ACQUIESCENCE IN LAND LAW
The doctrine of laches and acquiescence originated from the Latin maxim “Vigilantibus non dormientibus uitas subvenit meaning Equity aids the vigilant and not the indolent”. Laches, and Acquiescence have been used interchangeably as a defence which arises due to the conduct of the proprietary right owner either expressly or impliedly, depending on the circumstance surrounding the case. Laches is an estoppel which occurs when a party delays without a reasonable excuse in bringing an action against an infringer and the rights, position and situation of the infringer or an innocent third party would be prejudiced as a result, while acquiescence is an estoppel that arises where the proprietor by his conduct or express words impliedly consents to the actions of the infringer, both principles deal with the prejudice to be suffered by the alleged infringer or innocent third party. Note also that the former relates to procedural inadequacies and breach while the latter relates to substantial matters and imposes estoppel due to the conduct of the Claimant.
