Acquiescence: Unlike laches, the defense of acquiescence requires some affirmative act by the trademark owner. useCSS: false, The doctrine of laches and acquiescence is entirely a creature of equity. This is because it is clearly unjust to give a plaintiff a remedy where, by his conduct, he has done that which might not unreasonably be regarded as amounting to a waiver of it. nextText: "", # Estoppel by acquiescence is different from estoppel by laches as acquiescence involves an intentional act [voluntary] of the party who is accused of acquiescence, while laches may result from conduct that might not be voluntary. To establish this defense a defendant must prove that the plaintiff's conduct amounted to "an assurance by the plaintiff to the defendant, either express or implied, that plaintiff will not assert its trademark rights against the defendant." prevText: "", A man is not to be deprived of his legal rights unless he has acted in such a way as would make it fraudulent for him to set up those rights”. The equitable doctrine of laches and acquiescence. As a result of acquiescence, the person whose rights … 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”. Laches and acquiescence are based upon general principles while limitation is a matter of express and inflexible rules of law and applies independently of the existence of laches of acquiescence. M.W. Laches is the equitable equivalent of statutes of limitations. 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 … REAL ESTATE/LAND LAW – EQUITY:- Defence of laches and acquiescence – when applicable. Related Content. Hon. This paper was published as part of NLIPW Patents Watch Vol. Editor : Dr. Taiwo E. Adewale Faculty of Law University of Ibadan Ibadan. 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. But where the legislature has acted, laches should not be available. 17. Next Document. This case concerns a vast tract of land which belongs to the Oloto Royal Family of Lagos, of whom the appellant is traditional monarch and head of family. Fallen Legal Heroes: Justice Samuel Olumuyiwa Jibowu, NBA-AGC 2017: Mobolaji Ojibara Bids Delegates Farewell, All FWLR This Week: Incompetence of Judgment Delivered by A Panel Where One of The Judges was Absent During Hearing, A Comparative Analysis Of Major Changes Introduced By The CAMA 2020, New Exceptions To The Without Prejudice Rule In Courts Litigation And Arbitration Practice. Under the law, the equitable defenses of “laches” and “acquiescence” can be used to avoid liability in such cases. Nigeria Weekly Law Report Yakubu vs Ashipa 2 issue: Whether the exercise of discretion of stay of further execution ought to have been made if there is nothing left to execute, the full execution having been duly carried out us alleged. The doctrine infers a form of "permission" that results from silence or passiveness over an extended period of time. 3 TABLE OF CONTENTS MODULE 1 General Principles of Equity I … which has been introduced in this issue. laches: A defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief. Under the law, the equitable defenses of “laches” and “acquiescence” can be used to avoid liability in such cases. It cannot be otherwise for it is the facts averred which determine what the real defence is. The law of equity is as important in Canadian law as statute law and common law. 3 TABLE OF CONTENTS MODULE 1 General Principles of Equity I … Laches is an equitable defense, or doctrine. 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. His focus areas are technology and innovation, and pharmaceutical technology. Laches is a defense to a proceeding in which a plaintiff seeks equitable relief. deeplinking: false, Engineering Dynamic Positive Innovation Into Legal Practice. [1] These principles are utilized by paying close attention to facts and surrounding circumstances of different cases rather than the strict nature of common law in determining liability, they remain applicable at the judges’ discretion, except the doctrine of laches which I shall further be discussing in this article, laches is presently embedded as a part of the statutory provision in the United State of America. 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