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ACQUIESCENCE IN ENGLISH LAW AND THE CUSTOMARY LAND LAW OF GHANA AND NIGERIA BY GORDON R. WOODMAN1 The courts in Ghana and Nigeria apply indigenous customary law in a large proportion of cases, particularly those involving family relationships or land.2 During the past century the courts have done much to clarify this law and adapt it to rapidly changing social conditions. Acquiescence is not the same as Laches, a failure to do what the law requires to protect one's rights, under circumstances misleading or prejudicing the person being sued. Two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy.$("#ewic-con-26599").addClass("ready_to_show");
See Taiwo & Anor v. Taiwo & Anor. But while laches properly focuses on plaintiff’s blame in sitting on its rights, ultimately it is the harm to defendant from plaintiff’s inaction that forms the basis for the defense. $("#ewic-con-26599").find(".flex-caption").slideUp(); He attended the Nigerian Law School (Kano) where he graduated and was called to the Nigeria Bar in 2014. Acquiescence relates to inaction during the performance of an act. Laches is associated with one of the maxims of equity. In this context, acquiescence refers to the action of a plaintiff over a long period with full knowledge of his or her rights refraining from exercising the rights in circumstances where it can properly be inferred that they are abandoned. Under the law, the equitable defenses of “laches” and “acquiescence” can be used to avoid liability in such cases. autoplay_slideshow:true, Nigerian Law Publications. This doctrine of laches and acquiescence originated from the Latin maxim “Vigilantibus non dormientibus uitas subvenit meaning Equity aids the vigilant and not the indolent”. var curSlide = slider.find("li.flex-active-slide");});
Related Content . Laches arises when a plaintiff has “unreasonably and inexcusably delayed” in bringing a cause of action and the delay has prejudiced the defendant. Black's Law Dictionary: Este diccionario dice, en parte, lo siguiente. Dean Ifidon Oyakhiromen, PhD. Hon. Acquiescence is sitting by, when another is invading the rights and spending money on it. When you claim that a person's legal suit against you is not valid because of this, you would call it estoppel by laches.. A review of the authorities suggests that laches has two branches, acquiescence and prejudice, and each can constitute a stand-alone ground for the doctrine’s operation. The law of equity is as important in Canadian law as statute law and common law. Related Legal Terms and …It applies where there is
(1) Lack of diligence by the party against whom the defense is asserted;
(2) Prejudice (i.e., harm) to the party asserting the defense. THE LIMITATIONS OF LACHES AND ACQUIESCENCE IN INTELLECTUAL PROPERTY LAW As a general rule in litigation practice, every law, defence and strategy has a limitation to either its applicability or its effect, the principle of laches and acquiescence is not an exception to this rule. THE LIMITATIONS OF LACHES AND ACQUIESCENCE IN INTELLECTUAL PROPERTY LAW As a general rule in litigation practice, every law, defence and strategy has a limitation to either its applicability or its effect, the principle of laches and acquiescence is not an exception to this rule. 2. He allows B-a third person to trespass it. Tree & Trees JusticeMedia; Child in Law Foundation; Partnership for LawNigeria.com; Solicitors General; 0. It is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. Engineering Dynamic Positive Innovation Into Legal Practice. (2) Any change of position that has occurred on the defendant’s part. 3 No. pauseOnHover: true, Professor Dobbs, the guru of such things, has traced the origins of laches to subject areas where there was no statute of limitations, and thus laches functioned as a form of judicial flexible statute of limitations. Laches is the pr… DNL Partners Is A Private Law Firm Established Essentially To Offer Full Commercial Legal Service. Essentially, Laches refers to a lack of diligence and activity in making a legal claim. The doctrine infers a form of "permission" that results from silence or passiveness over an extended period of time. Laches is a legal term derived from the Old French laschesse, meaning "remissness" or "dilatoriness," and is viewed as the opposite of "vigilance." rtl: false, after: function(slider) { Purpose of the Doctrine of Laches 3. which has been introduced in this issue. The jurisdiction exercised by the court is equitable. could only apply if there is proof that under native law and custom, which is binding between the parties, delay for a particular period of time to sue will affect the right of the plaintiff to … prevText: "", Law of the Federation; Law of the 36 States; Judgement & Court Rule; Law Text Books; Forms & Templates; Journals & Periodicals; Special Need & Resource; About us. Difference Between Laches Defense and Statute of Limitations 5. But while laches properly focuses on plaintiff’s blame in sitting on its rights, ultimately it is the harm to defendant from plaintiff’s inaction that forms the basis for the defense. Trademarks: doctrine of delay, laches and acquiescence Chadha & Chadha Intellectual Property Law Firm India September 13 2018 The Indian judicial system follows rules …
$("a[rel^='ewicprettyPhoto[26599]']").ewcPhoto({ Sometimes courts will also require that the party invoking the doctrine has changed its position as a result of the delay, but that requirement is more typical of the related (but more stringent) defense of estoppel. In a claim based on proprietary estoppel, the claimant must prove three elements (see Davis v Davies[2016] EWCA Civ 463 per Lewison LJ at 38ii): 1. an assurance of sufficient clarity; 2. The word “laches” is used in two senses. Edited by: David Mambro , Simon Brilliant , Richard Hayes , Guy Watkins , Mark West , Simon Williams , and David Willink Publisher: Bloomsbury Professional Ltd Publication Date: July 2020. A defense lawyer raising the defense of laches against a motion for injunctive relief (a form of equitable relief) might argue that the plaintiff comes “waltzing in at the eleventh hour” when it is now too late to grant the relief sought, at least not without causing great harm that the plaintiff could have avoided. [reasonable] reliance on that assurance; and 3. detriment in consequence of the reasonable reliance. The Doctrine of Acquiescence is identical with that of the Doctrine of Estoppel. The doctrine of laches applies only to equitable claims; it is a defence advanced by a defendant against a plaintiff who, though barred by no statutory bar, nevertheless ought not to succeed by reason of his apathy. Related Legal Terms and … Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches. Acquiescence and laches are cognate but not equivalent terms. The doctrine is somewhat akin to limitation periods enacted by statute and can be relied on were equitable relief is sought but no statutory limitation period applies. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. A defendant who invokes the doctrine is asserting that the claimant has delayed in asserting its rights, and, because of this delay, is no longer entitled to bring an equitable claim. 27 pages) Ask a question Trademark Litigation: Laches and Other Equitable Defenses. }, It is multi-segment free access center for intelligence and instruments relating to Nigeria's legal and policy circuit. When you claim that a person's legal suit against you is not valid because of this, you would call it estoppel by laches.. How Could Acquiescence, Laches & Waiver Lead to Estoppel [Wider Application in Indian Law System] # Acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. However, in determining the existence or otherwise of such inordinate delay as to amount to laches, two main issues may be considered. the principle of laches and acquiescence; a defence in intellectual property law April 2017 Project: UNCONVENTIONAL DEFENCES TO INTELLECTUAL PROPERTY INFRINGEMENT [142] The word “laches” is used in two senses. }
convenient to the law outline the defence of acquiescence.on In doing so, areas of contention will becomethe apparent. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. useCSS: false, Providing Practical Legal Solutions To The Concerns Of Our Clients. [1] Ludmilla Robinson, Equity (2011) 1 LexisNexis, Sydney.$("#ewic-con-26599").flexslider({ M.W. Next Document. Firstly, in consideration of laches, Sir Barnes Peacock in Lindsay Petroleum Co. v. Hurd provides an excellent description of laches; “The doctrine of laches is not an arbitrary or technical doctrine. CTRL + SPACE for auto-complete. One such … eCeipt LLC alleges that the defendant infringed on one of its patents by […], Flexiworld Technologies, Inc. has filed a lawsuit in the Western District of Texas against a streaming device maker, Roku Inc. for patent infringement over using its display and streaming content process. Laches Practical Law UK Glossary 3-383-9179 (Approx. But where the legislature has acted, laches should not be available. It operates to provide equitable relief when there is a recognizable right but no remedy under the common law. A defendant who invokes the doctrine is asserting that the claimant has delayed in asserting its rights, and, because of this delay, is no longer entitled to bring an equitable claim. - Kemi Pinheiro SAN, A Chat with Omosebi, Olajide Ademola – A Lawyer and Tax Risk Manager, Protection of Intellectual Property Rights in Computer Software: Copyright or Patent. Acquiescence: Unlike laches, the defense of acquiescence requires some affirmative act by the trademark owner. var curSlide = slider.find("li.flex-active-slide"); Laches and Acquiescence. slideshow:5000, Examples of Laches Defense 6. Profile of Young Silk, Kehinde Olamide Ogunwumiju SAN, Companies and Allied Matters Act 2020 [Download]. Trademarks: doctrine of delay, laches and acquiescence Chadha & Chadha Intellectual Property Law Firm India September 13 2018 The Indian judicial system follows rules … View the original piece on: (insert Hyperlink). jQuery(document).ready(function($) {
2. [35] The leading case on laches in Canada is the Supreme Court’s decision in M.(K.), in which La Forest J. described the doctrine as follows, at pp. In re Wilbur's Estate, 334 Pa. 45, 5 A.2d 325, 331. Can laches ever occur when plaintiff acts within the limitations period? Practical Law Practice Note w-004-1025 (Approx. An example of the law of acquiescence occurred in a dispute between the State of Georgia and the State of South Carolina, ... Estoppel by acquiescence is different from estoppel by laches as acquiescence involves an intentional act of the party who is accused of acquiescence, while laches may result from conduct that is not voluntary. He works directly with the Newsroom Team. This paper was published as part of NLIPW Patents Watch Vol. Therefore, the district court’s analysis of acquiescence was also flawed, the appellate court said. Purpose of the Doctrine of Laches 3. 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