aches & acquiescence

Acquiescence means tacit or passive approval; some kind of implied consent to an act (especially one that runs against your interest or general acceptable principle or standard of doing things). Such tacit approval of an act operates in law to offer a defence to the doer of such an act. In land law it operates to bar or stop someone from laying claim to his land occupied or taken over by another who has, e.g. taken steps to develop and expend money on the land while the owner is aware and does nothing about the intruder or trespasser occupying or expending money developing the land in a mistaken believe that he actually has a right to do so. If such rightful owner later comes to lay claim to the already developed land that he encouraged its development by another, he will be barred or stopped from claiming such right of ownership. In that way, a prescriptive title will inure (arise) in favour of the condoned trespasser. Mohammed V. Mohammed (2012) All FWLR (Pt. 655) 363 C.A at p.367; Adejumo & Ors. V. Olawaiye (2014) LPELR-22997 (SC); (2014) 12 NWLR (Pt. 1421) 252.

The conditions that must exist to found the application of the doctrine of acquiescence are these: a) A//The person spending money building on the land must be doing so in the mistaken believe that the land belongs to him. The real owner at the time the other person was building on his land must know that the land belongs to him and not the person expending his money on Will it be sufficient to grant a declaration of title to a smaller portion of land than that claimed? b) The real owner must be shown to be aware and to have deliberately (and fraudulently) stood by so he can take over and reap the benefits of another developing his land under a mistaken belief. See Mohammed V. Mohammed (2012) All FWLR (Pt. 655) 363 C.A at p.367; Adejumo & Ors. V. Olawaiye (2014) LPELR-22997 (SC); (2014) 12 NWLR (Pt. 1421) 252.

The court may grant a declaration over a smaller portion of land than that claimed, once title to the smaller portion is established by credible evidence. If the court dismisses a claim to a large area of land for lack of authentic identification or proof, the court can still go ahead and grant title to a smaller area if satisfied with the evidence led. A declaration of title can be made in respect of land as claimed and proved or for a smaller portion proved, but not for more. That is, you can be awarded less, but never more than you claimed. Awodi & Anor. V. Ajagbe (2014) 3 NWLR (Pt. 1447) 578; Yakubu v. Jauroyel & Ors (2014) 11 NWLR (Pt.1418) 205; Sogunle & Ors. V. Akerele & Ors. (1967) NWLR 68 NMLR 68; Ezeaka Bekwe V. Emenike (1998) 9 SCNJ 58 at 73; Giwa V Anzaku (2019) HELAR ratio 9;

Where parties by their oral and documentary evidence on the identity of the land in dispute call or refer to the land by different names, that fact of using different names or that the area where it is located is called different names is not fatal to the case of the party claiming it. The important thing is that the parties and the court know the land in question. Aiyeola V. Pedro (2014) 13 NWLR (Pt. 1424) 409; Damini & Anor. V. Abraham & Ors. (2001) 16 NWLR (Pt. 738) 20; Aromire & Ors. V. Awoyemi (1972) 1 All NLR (Pt. 1) 101 @ 113.