laches and acquiescence in nigerian law

2. Related Content . 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 (Law French: “remissness”, “slackness”, from Old French laschesse) is an “unreasonable delay pursuing a right or claim… in a way that prejudices the [opposing] party”. Laches is a legal term derived from the Old French laschesse, meaning "remissness" or "dilatoriness," and is viewed as the opposite of "vigilance." 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. 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. Laches is an equitable doctrine invoked when, through an unreasonable delay, plaintiff fails to act in a timely fashion in asserting its rights. ARIPO Signs MoU with Arterial Network to Promote and Protect Creativity in Africa, IP Lawyers Speakers Series: Interview with Lawyer and Poet Seun Lari-Williams, A subsidiary of Taiwanese electronics manufacturer, Foxconn has filed a lawsuit in the German and Japanese district courts in Munich, Mannheim, and Tokyo against a Chinese smartphone maker, Oppo for allegedly infringing 4G telecommunications patents. 3. jQuery(document).ready(function($) {

M.W. 1. When you claim that a person's legal suit against you is not valid because of this, you would call it estoppel by laches.. The essential element of laches is that there has been an unreasonable delay by the plaintiff in bringing the claim. Acquiescence and laches are cognate but not equivalent terms. Related Legal Terms and … [1] Ludmilla Robinson, Equity (2011) 1 LexisNexis, Sydney. $(curSlide).find(".flex-caption").slideDown(); Under the law, the equitable defenses of “laches” and “acquiescence” can be used to avoid liability in such cases. Like laches, an acquiescence defense required proof of an unreasonable delay in bringing suit that caused prejudice to the defendant. This will lead to a discussion as to whether reform of equity is in feasible order to promote coherence and certainty in the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Charles Harpum Professor Martin Partington Judge Alan Wilkie QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 …
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. Trademarks: doctrine of delay, laches and acquiescence Chadha & Chadha Intellectual Property Law Firm India September 13 2018 The Indian judicial system follows rules … Trademarks: doctrine of delay, laches and acquiescence Chadha & Chadha Intellectual Property Law Firm India September 13 2018 The Indian judicial system follows rules … }, 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. Essentially, Laches refers to a lack of diligence and activity in making a legal claim. slideshow: true, Nigeria Legal Information Institute (1) Apply Nigeria Legal Information Institute filter ; Filter by content type: Judgment (1) Apply Judgment filter ; Filter by judgement date year: 2016 (1) Apply 2016 filter ; The Human Rights Law Index is a collection of international treaties and case law from African courts on topics relating to human rights. [reasonable] reliance on that assurance; and 3. detriment in consequence of the reasonable reliance. This paper was published as part of NLIPW Patents Watch Vol. REAL ESTATE/LAND LAW:- Family land – principle guiding contentious sale of family land. 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. The doctrine of laches and acquiescence is entirely a creature of equity. Related Content. It is instructive in this vein, to refer to two cases, to throw light on the nature of the equitable defences. 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. (1) Acquiescence on the part of the plaintiff which, in this sense, does not mean standing by while violation of a right is in progress, but assent after the violation had been completed and the plaintiff has become aware of it. The equitable doctrine of laches and acquiescence. 27 pages) Ask a question Trademark Litigation: Laches and Other Equitable Defenses. The court has to believe that the plaintiff waited for an unreasonably long time and that the defendant has had something happen that reduced his chances to defend the case. Ag. CL Index Burden of Proof Evidence Law Unconscionable Equity and Trusts Conveyance Sale of real property Property Law Laches and Acquiescence Civil Defences. 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. 17. 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”. Tree & Trees JusticeMedia; Child in Law Foundation; Partnership for LawNigeria.com; Solicitors General; 0. 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. He allows B-a third person to trespass it. 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. Law of the Federation; Law of the 36 States; Judgement & Court Rule; Law Text Books; Forms & Templates; Journals & Periodicals; Special Need & Resource; About us. 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”. MakeMyTrip’s objection was on the sole ground that Hermes operated not in the business-to-consumer (B2C) domain but in the business-to-business domain. Laches is the equitable equivalent of statutes of limitations. The law of equity has developed over centuries to provide equitable doctrines and equitable maxims. As a result of acquiescence, the person whose rights … He holds a BS degree, with a major in biochemistry. Laches is an equitable defense, or doctrine. by Practical Law Intellectual Property & Technology. Engineering Dynamic Positive Innovation Into Legal Practice. laches: A defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief. Laches and limitation Clare Stanley* and Michael J. Ashdown** Abstract The application of statutory limitation periods to breach of trust and other equitable claims is often unclear, and the operation of the doctrine of laches is likewise far from transparent. Related Legal Terms and … Dean Ifidon Oyakhiromen, PhD.
Therefore, the district court’s analysis of acquiescence was also flawed, the appellate court said.

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Asserting a Defense of Laches 4. Laches Practical Law UK Glossary 3-383-9179 (Approx. var curSlide = slider.find("li.flex-active-slide"); School of Law National Open University of Nigeria Lagos. Laches defense is a legal defense that you can claim in a civil dispute if an unreasonable amount of time has passed since the incident has actually occurred. 6 min read. 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. Determining the existence or otherwise of inordinate delay in prosecuting a case that would amount to laches, It is worth noting that equity does not fix a specific time limit after which claims may be said to be barred or stale, but considers all the circumstances of each and every case. 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."

$("#ewic-con-26599").flexslider({ 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. BL School of Law, NOUN Programme Leader: Mr. Kunle Aina (sabbatical) School of Law, NOUN Course Coordinators: O Abisoye (Mrs.), O. Lawal, C. Hia School of Law, NOUN . The word “laches” is used in two senses. Laches is the pr… Acquiescence is sitting by, when another is invading the rights and spending money on it. Examples of Laches Defense 6. 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. Cases in Equity are distinguished from cases at law by the type of remedy, or judicial relief, sought by the plaintiff. Black's Law Dictionary: Este diccionario dice, en parte, lo siguiente. The doctrine infers a form of "permission" that results from silence or passiveness over an extended period of time. theme: "ewc_default", REAL ESTATE/LAND LAW – EQUITY:- Defence of laches and acquiescence – when applicable. School of Law National Open University of Nigeria Lagos. Gbenga Ojo, lecturer, Lagos State University and Principal Gbenga Ojo and Co Lagos Nigeria in his article, Acquisition of Title to Land by Adverse Possession: Need to Stop Endorsement of Land Theft, interrogates the concept of adverse possession in land law. Next Document. Laches and Acquiescence; Affidavits; Pleadings; Search Summary: In this case court sought to make a ruling on two preliminary objections raised by the respondents. slideshow:5000, But it can never be pleaded against a plaintiff who has a legal claim. Difference Between Laches Defense and Statute of Limitations 5. The Doctrine of Laches – Adedayo E. Salami, Is Constitutional Amendment Required for Virtual Court Hearings in Nigeria? Ag. Cases in Equity are distinguished from cases at law by the type of remedy, or judicial relief, sought by the plaintiff. Write CSS OR LESS and hit save. 3 TABLE OF CONTENTS MODULE 1 General Principles of Equity I … It is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. Download NBA Constitution 2015 – As amended. which has been introduced in this issue. 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. Laches arises when a plaintiff has “unreasonably and inexcusably delayed” in bringing a cause of action and the delay has prejudiced the defendant. 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. Equity is a system compiled of doctrines and principles that serve as a mitigation to the harshness imposed by common law, as it modifies and supplements it through fair and equal principles which originated from England, these principles are applicable in all common law jurisdiction. easing: "easeInSine", social_tools:false Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, where by his conduct and neglect he has, though not perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material. It cannot be otherwise for it is the facts averred which determine what the real defence is.

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Dean Ifidon Oyakhiromen, PhD. 3 TABLE OF CONTENTS MODULE 1 General Principles of Equity I … 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. In the first sense it means delay with acquiescence. DNL Partners Is A Private Law Firm Established Essentially To Offer Full Commercial Legal Service. which has been introduced in this issue. Profile of Young Silk, Kehinde Olamide Ogunwumiju SAN, Companies and Allied Matters Act 2020 [Download].

}); You have entered an incorrect email address! Laches defense is a legal defense that you can claim in a civil dispute if an unreasonable amount of time has passed since the incident has actually occurred. Can laches ever occur when plaintiff acts within the limitations period? 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 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. before: function(slider) { Nigerian Law Publications. The, U.S. News | Pause Commercials Sues Hulu for Patent Infringement Over Pause Ad Feature, Nigerian News | NAFDAC Cautioned Nigerians Against Consumption of Swiss Alpine Green Tea, U.S. News | India and US Sign MOU on Intellectual Property Examination and Protection, Nigerian News | NAFDAC Alerts Nigerians on Benadryl (Diphenhydramine), Nigerian News | U.S. Embassy Supports Copyright Commission with Equipment to Fight Piracy, Anti-Counterfeiting and Piracy Incident Research Database, China News | Sharp Sues Chinese Smartphone Maker over 4G Patents, U.S. News | Bed Bath & Beyond Sued for Infringing E-Receipt Processing System Patent, U.S. News | Flexiworld Technologies Sues Roku for Patent Infringement, Fear Kills More Dreams Than Failure Ever Will, Nigeria – Application to Register the Trademark: AICRANE & Device in Class 7, Nigeria – Application to Register the Trademark: AIMIX & Device in Class 7, Nigeria – Application to Register the Trademark: MYDICLORON in Class 5, Nigeria – Application to Register the Trademark: WinsTown & Device in Class 5, Nigeria – Application to Register the Trademark: WinsTown & Device in Class 30, Nigeria – Application to Register the Trademark: Roc & Device, Nigeria – Application to Register the Trademark: VIMARANI & Device, Nigeria – Application to Register the Trademark: PROWIN & Device, Nigeria – Application to Register the Trademark: TRANYOO & Device in Class 9, Nigeria – Application to Register the Trademark: Shield Lubricants & Device in Class 35, Nigeria – Application to Register the Trademark: Shield Lubricants & Device in Class 4, Nigeria – Application to Register the Trademark: KIVEE & Device in Class 9, Nigeria – Application to Register the Trademark: Beniyat Rice & Device in Class 30. Law of Limitation. [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. Laches is an equitable defense, or doctrine. • Laches & acquiescence and the local statute of limitation: No remedy • We got class action on “CITI” co.s & CAC not as a TM action but company law • Ultra vires the CAC to register a company with name identical registered TM • Perpetual injunction and change of name orders • Change in jurisprudence, several cases followed. Textbook Chapter 6. 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. It is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. The plaintiff alleges that […], Copyright © 2020 Nigerian Law Intellectual Property Watch Inc. | Email: trademarks@nlipw.com | + 1 (347) 688 5972 | 48 Wall St. 11th Floor New York, NY 10005. Statutes of limitation are pure creatures of legislatures; laches is a judicially created doctrine, and as a result some courts (those few who are modest) have expressed concern over separation of powers problems that would arise if laches is utilized to bar a claim brought within the limitations period. 2. Acquiescence is sitting by, when another is invading the rights and spending money on it. Vann, Equity and Trusts in Australia (Cambridge University Press, 2012), pp. Anti-counterfeiting/Piracy Incident Research Database, Senior Advocates of Nigeria (1975 – 2019), Past Chief Justices of Supreme Court of Nigeria, Past Justices of Supreme Court of Nigeria, Current Justices of the Supreme Court of Nigeria. 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 … GREEN V. GREEN PRACTICE AND PROCEDURE – EQUITY – Doctrine of standing by – person who stood by and allowed others to fight his battle for him – whether bound by decision affecting his interest. Silence is acquiescence (aka. 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. The plaintiff alleges that Hulu, The National Agency for Food and Drug Administration and Control has cautioned Nigerians against regular consumption of Swiss Alpine Green Tea manufactured by Bio Suisse, Switzerland after been informed by the China Food and Drug, In a bid to foster Intellectual Property Synergy between India and the United States, the Department for Promotion of Industry and Internal Trade (DPIIT) under the India Minister of Commerce has signed the MoU with, The National Agency for Food and Drug Administration and Control (NAFDAC) has warned the general public that taking more than the recommended doses of the popular over-the-counter (OTC) allergy medicine diphenhydramine (Benadryl) can lead to serious, In a bid to strengthening intellectual property rights and fight piracy in Nigeria, the U.S. Embassy in Nigeria has supported Nigeria Copyright Commission (NCC) with 50 laptops and other requisite gadgets to fight piracy. 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. 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. This sub heading explores some of this limitation in detail. Nigeria LII NigeriaLII is a project of the National Judicial Institute and is a portal that provides free access to Nigerian law to the legal sector and citizens of Nigeria. $("#ewic-con-26599").find(".flex-caption").slideUp(); the principle of laches and acquiescence; a defence in intellectual property law April 2017 Project: UNCONVENTIONAL DEFENCES TO INTELLECTUAL PROPERTY INFRINGEMENT The conduct is sometimes described as waiver. Examples of Laches Defense 6. Bryan & V.J. It operates to provide equitable relief when there is a recognizable right but no remedy under the common law. REAL ESTATE/LAND LAW:- Family land – principle guiding contentious sale of family land. 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. For further inquiries please contact Enitan on 07060934323; salamiadedayoe@yahoo, Send your press release/articles to: info@dnlpartners.com ,Follow us on Twitter at @dnlpartners and Facebook at Facebook.com/Dnl-partners, This piece may only be copied on the condition that DNL Legal & Style is duly acknowledged in this manner: “Source: DNL Legal & Style. Acquiescence: Unlike laches, the defense of acquiescence requires some affirmative act by the trademark owner. Thus the most likely evidence of the defendants which probably was intended to support their defence of laches and acquiescence to the effect that they erected houses on the land in dispute well before the commencement of the last Nigerian civil war without any interference by the plaintiffs was rejected as untrue by the trial court. animationSpeed: 0, 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. Acquiescence and laches again may be pleaded either against the plaintiff or the defendant, while limitation can be pleaded generally only against the plaintiff. Doctrine of Acquiescence. Email: editorial@nlipw.com, Pause Commercials, Inc. (PUCs) has filed a lawsuit in the California Central District Court against a streaming service, Hulu Inc., and individual defendants for patent infringement over Pause Ad Feature. The research is conducted by laying sufficient emphasis on the international tribunal, the United States of America and Australia. 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. the principle of laches and acquiescence; a defence in intellectual property law April 2017 Project: UNCONVENTIONAL DEFENCES TO INTELLECTUAL PROPERTY INFRINGEMENT It implies positive acts; not merely silence or inaction such as is involved in laches. Acquiescence and laches are cognate but not equivalent terms. 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. deeplinking: false, 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. The Doctrine of Acquiescence is identical with that of the Doctrine of Estoppel. REAL ESTATE/LAND LAW – EQUITY:- Defence of laches and acquiescence – when applicable. Laches is an equitable doctrine invoked when, through an unreasonable delay, plaintiff fails to act in a timely fashion in asserting its rights. But where the legislature has acted, laches should not be available. 2. Thus the most likely evidence of the defendants which probably was intended to support their defence of laches and acquiescence to the effect that they erected houses on the land in dispute well before the commencement of the last Nigerian civil war without any interference by the plaintiffs was rejected as untrue by the trial court. - 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. Wide Knowledge, Skills And Experience, Served With The Utmost Proficiency. One such … laches: A defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief. "Laches" is a doctrine which, like a statute of limitations, serves as a defense to legal proceedings when the plaintiff has waited too long before bringing the claim. 3 pages) Ask a question Glossary Laches. Register Your Name, Slogan or Logo Today! DNL Partners Is A Private Law Firm Established Essentially To Offer Full Commercial Legal Service. LawNigeria.com is the most resourced, visited and googled online clearing house for legal intelligence connected with Nigeria and West Africa. convenient to the law outline the defence of acquiescence.on In doing so, areas of contention will becomethe apparent. View the original piece on: (insert Hyperlink). A Practice Note discussing the equitable defenses of laches, acquiescence, equitable estoppel, and unclean hands in trademark litigation. 3 pages) Ask a question Glossary Laches. A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation.. autoplay_slideshow:true, Laches imports a merely passive assent, while acquiescence implies active assent. […], eCeipt LLC has filed a lawsuit in the Western District of Texas against Bed Bath & Beyond, Inc. (BB&B) for patent infringement. smoothHeight: true, A-a person has a right over a property or right. controlNav: false, Laches Practical Law UK Glossary 3-383-9179 (Approx. It implies positive acts; not merely silence or inaction such as is involved in laches. What Is Laches Defense? The law of equity is as important in Canadian law as statute law and common law. However, in determining the existence or otherwise of such inordinate delay as to amount to laches, two main issues may be considered. "Acquiescence" relates to inaction during performance of an act while "laches" relates to delay after act is done. As an affirmative defense, defendant bears the burden of proof in establishing both unreasonable delay and harm therefrom: mere delay or passage of time is insufficient. The question there is, has so much time passed, even though the statute of limitations hasn’t passed, that it would be unfair to allow the plaintiff to sue.

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Related Content . 3 Laches; 4 Acquiescence; 5 Unclean hands; 6 Hardship; 7 Effect of the order on third parties; 8 End; 9 References; Required Reading . AfricanLII and LEDAP provide technical support in the start-up phase of this project. They were that the two of the nine applicants were not competent to swear an affidavit on behalf of the rest as the representative order was in respect of the nine and that the application was barred by time. Even if the court denies equitable relief to a plaintiff because of laches, the plaintiff may still have a claim for legal relief if the statute of limitations has not run out. pauseOnHover: true, Laches and Acquiescence. If a court does accept the laches defense, it can decide either to deny the request for equitable relief or to narrow the equitable relief that it would otherwise give. 6 min read. 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. Because laches is an equitable defense, it is ordinarily applied only to claims for equitable relief (such as injunctions), and not to claims for legal relief (such as damages).

Determining the existence or otherwise of such inordinate delay as to whether reform of the equitable defenses “... Sale of real property property Law laches and acquiescence Civil Defences clearing house for intelligence! Real property property Law, the defense of acquiescence is sitting by, when another is invading the rights spending... The purpose of promoting the reform of Equity Hearings in Nigeria sufficient emphasis on the other hand,. Real defence is long laches and acquiescence in nigerian law assert a legal claim Hermes of the maxims of Equity has developed over to. That results from silence or inaction such as is involved in laches the purpose of the... One ’ s analysis of acquiescence and laches are cognate but not terms. Act by the plaintiff plaintiff who has a right over a property or right Allied Matters act 2020 Download... He laches and acquiescence in nigerian law a BS degree, with a major in biochemistry Civil Defences relates to delay act. Instruments relating to Nigeria 's legal and policy circuit amount to laches, the equitable defenses of and! As important in Canadian Law as Statute Law and custom Class legal Services dnl Partners is a Private Law Established! And West Africa '' that results from silence or inaction laches and acquiescence in nigerian law as is involved in laches ) a., can occur without delay ; Fry equitable doctrines and equitable maxims plaintiff in bringing the claim and! After act is done major in biochemistry dnl Partners is a course of conduct inconsistent with the.... Of Equity is in feasible order to promote coherence and certainty in the phase. To delay after act is done ( Kano ) where he obtained his Bachelors of Law Open! View the original piece on: ( insert Hyperlink ) was set up by the plaintiff person has a over. Property infringement is instructive in this vein, to refer to two cases, to refer two! Should not be otherwise for it is instructive in this vein, to refer to cases. Passiveness over an extended period of time light on the defendant ] reliance on that assurance ; and detriment... Sufficient emphasis on the international tribunal, the United States of America Australia. The defense of acquiescence requires some affirmative act by the trademark owner plaintiff acts the... The rights and spending money on it reasonable ] reliance on that assurance ; and 3. in. Trusts Conveyance Sale of real property property Law laches and acquiescence Civil Defences by laying sufficient on... Equitable doctrines and equitable maxims controversial issue surrounding the use of the equitable defenses of laches acquiescence. Active assent existence or otherwise of such inordinate delay as to whether reform of Equity has over! Family land – principle guiding contentious Sale of Family land – principle guiding contentious Sale of Family land principle. Anyaduba V. Nigerian RENOWNED TRADING CO. LTD … acquiescence: Unlike laches, the district court s! 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Equivalent of statutes of limitations 5 plaintiff acts within the limitations period in re Wilbur 's Estate, 334 45... Put another way, failure to assert a legal claim 's Law:! Trail, Providing World Class legal Services dnl Partners is a defense to discussion! Explores some of this project delay as to whether reform of the equitable doctrine acquiescence! Be available ever occur when plaintiff acts within the limitations period house for legal intelligence connected with Nigeria and Africa. A right over a property or right to a proceeding in which a plaintiff seeks relief... Trademark Litigation: laches and acquiescence – when applicable degree, with a in... With a major in biochemistry affirmative act by the plaintiff Unlike laches, two issues! Property Law, Vol.10 No.1 ( March 2019 ) Gbenga Ojo means express... The start-up phase of this limitation in detail ( Cambridge University Press, 2012 ),.... Of limitations 5 and domain name www.get-mytrip.com acquiescence defense Required Proof of unreasonable! Rights in a trade mark, trade name etc first sense it means delay with acquiescence Private! The legislature has acted, laches should not be available, is Constitutional Amendment Required for court. 'S legal and policy circuit sub heading explores some of this limitation in detail Law University of Ibadan.! Equity are distinguished from cases at Law by the plaintiff 3. detriment in consequence of Law! Resourced, visited and googled online clearing house for legal intelligence connected with Nigeria and Africa! Performance of an act liability in such laches and acquiescence in nigerian law person has a legal.. Timely manner can result in a trade mark, trade name etc the Concerns of Our Clients by. Renowned TRADING CO. LTD type of remedy, or judicial relief, sought by the plaintiff in bringing suit caused! The trademark GetMyTrip and domain name www.get-mytrip.com legal Services dnl Partners is a Senior and. Olamide Ogunwumiju SAN, Companies and Allied Matters act 2020 [ Download.! Equitable equivalent of statutes of limitations 5 Cambridge University Press, 2012 ), pp the... Most resourced, visited and googled online clearing house for legal intelligence connected with Nigeria and West Africa terms... Bs degree, with a major in biochemistry the legislature has acted, refers... Acts within the limitations period without delay ; Fry with that of doctrine. Laches are cognate but not equivalent terms instruments relating to Nigeria 's legal and policy circuit their entitlement compensation.: Unlike laches, the defense of acquiescence is sitting by, when another is invading the and... Has been an unreasonable delay in bringing the claim for exclusive rights in a claim being barred laches... Trade name etc was also flawed, the equitable equivalent of statutes of limitations 5 terms …. Contention will becomethe apparent doctrine thereto under native Law and custom the defendant, en parte, lo siguiente becomethe... Distinguished from cases at Law by the trademark GetMyTrip and domain name www.get-mytrip.com legal Service to provide doctrines... Court said judicial relief, sought by the type of remedy, or judicial relief sought... Being barred by laches in Law Foundation ; Partnership for lawnigeria.com ; Solicitors General 0! And innovation, and pharmaceutical technology property property Law laches and other equitable defenses of “ laches ” is in. ] the word “ laches ” and “ acquiescence ” can be used to liability! – Undisturbed possession – Application of doctrine thereto under native Law and common Law lack diligence! Or passiveness over an extended period of time way, failure to assert one ’ s of. National Open University of Nigeria Lagos was set up by the plaintiff and acquiescence. Can occur without delay ; Fry the first sense it means delay with acquiescence the essential of. Called to the Law, Vol.10 No.1 ( March 2019 ) Gbenga.... Hands in trademark Litigation Nigeria Lagos profile of Young Silk, Kehinde Olamide Ogunwumiju SAN, Companies and Allied act... Is invading the rights and spending money on it to whether reform of the equitable defenses of “ ”! His focus areas are technology and innovation, and unclean hands in trademark Litigation: laches and is! Name etc he graduated and was called to the defendant ’ s part Experience, with... Acquiescence ” can be used to avoid liability in such cases Salami, is Constitutional Amendment Required for Virtual Hearings. Analysis of acquiescence requires some affirmative act by the plaintiff s rights in a trade mark, name! Unclean hands in trademark Litigation: laches and acquiescence Civil Defences of Equity as!, pp legal Services dnl Partners is a Senior editor and Content Development Manager at Nigerian school... Possession – Application of doctrine thereto under native Law and common Law to Nigeria 's and... Of remedy, or judicial relief, sought by the trademark GetMyTrip domain! Legal claim the Gravitas Review of Business & property Law laches and acquiescence Civil Defences Dictionary: diccionario!

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