UNIT 4

PROMISSORY ESTOPPEL

Promissory estoppel is a legal principle that prevents a party from going back on a promise, even if a legal contract does not exist. This doctrine is an equitable defense used to prevent a party from arguing against the existence of certain facts or rights due to their previous conduct, statements, or promises. In Nigeria, promissory estoppel is not codified in a statute but is recognized through case law, following the principles laid down in common law jurisdictions. See the case of A-G Rivers State v. A-G Akwa Ibom State (2011) 8 NWLR (Pt. 1248) 31where the Supreme Court of Nigeria recognized the principle of promissory estoppel, holding that a party who made a promise that was relied upon by another party to their detriment cannot later retract that promise and the case of Ugo v. Ugo (2017) LPELR-42129(CA) where the Court of Appeal held that promissory estoppel could be invoked to prevent a party from denying a promise or representation that another party had relied upon to their detriment.

ELEMENTS OF PROMISSORY ESTOPPEL

1. Clear and unambiguous promise: this is where there must be a clear and definite promise or representation made by one party.
2. Reliance: this is where the promisee must have relied on the promise or representation.
3. Detriment: this is where the promisee must have suffered a detriment or changed their position as a result of relying on the promise.
4. Inequity: this is where it must be inequitable for the promisor to go back on their promise.

APPLICATION OF PROMISSORY ESTOPPEL

Promissory estoppel is typically used as a defense in contractual disputes where one party argues that a promise, not necessarily backed by consideration, should be enforced to prevent injustice. It ensures fairness by holding parties to their word when the other party has relied on that word to their detriment.

LACHES

Laches is an equitable defense that bars a claimant from seeking equitable relief due to an unreasonable delay in pursuing their claim. The principle is based on the maxim "Equity aids the vigilant, not those who slumber on their rights." See the case of Oluwole v. Abubakar (2008) 14 NWLR (Pt. 1106) 342 where the Supreme Court held that laches can be a valid defense if the claimant's delay in pursuing the claim has disadvantaged the defendant and the case of Eboigbe v. NNPC (1994) 5 NWLR (Pt. 347) 649 where the court emphasized that a party who seeks equity must do so without undue delay, as equity does not favor stale claims.

ELEMENTS OF LACHES

1. Unreasonable delay: this is where the claimant must have delayed unreasonably in bringing the claim.
2. Prejudice: this is where the delay must have caused prejudice to the defendant or a third party.

APPLICATION OF LACHES

Laches is typically invoked in cases where a claimant seeks an equitable remedy, such as an injunction or specific performance. If the defendant can show that the claimant delayed unreasonably and that this delay has caused them harm, the court may deny the equitable relief sought.

ACQUIESCENCE

Acquiescence is an equitable doctrine that prevents a party from asserting a right or claim if they have implicitly or explicitly accepted the status quo or conduct of another party over a period of time without objection. See the case of Adedeji v. Oloso (2007) 5 NWLR (Pt. 1026) 133 where the court held that a party who stands by and watches another deal with property in a manner inconsistent with their rights without objecting cannot later claim their rights and the case of Ogundiani v. Araba (1978) NSCC 77 which illustrates the application of acquiescence where the court found that the claimant's prolonged silence and inaction implied consent to the defendant's actions.

ELEMENTS OF ACQUIESCENCE

1. Knowledge: this is where the claimant must have knowledge of their rights.
2. Silence: this is where the claimant must have remained silent or inactive for a significant period.
3. Prejudice: this is where the defendant must have acted on the assumption that the claimant would not assert their rights, resulting in prejudice.

APPLICATION OF ACQUIESCENCE

Acquiescence is commonly applied in property disputes and cases involving long-standing arrangements or behaviors. It prevents a party from asserting rights that they have, by their conduct, indicated they would not enforce.

CONCLUSION

Promissory estoppel, laches, and acquiescence are equitable doctrines aimed at ensuring fairness and justice. They prevent parties from acting inconsistently with their previous conduct, causing harm to others who relied on such conduct. These principles are well-recognized in Nigerian jurisprudence and are essential tools for achieving equitable outcomes in various legal disputes.