Maxims of Equity - Equity Aids The Vigilant, Not Those Who Slumber On Their Rights

Equity Aids The Vigilant, Not Those Who Slumber On Their Rights

Vigilantibus non dormientibus aequitas subvenit.

A person who has been wronged must act relatively swiftly to preserve their rights. Otherwise, they are guilty of laches, an untoward delay in litigation with the presumed intent of denying claims. This differs from a statute of limitations, in that a delay is particularized to individual situations, rather than a general prescribed legal amount of time. In addition, even where a limitation period has not yet run, laches may still occur. The equitable rule of laches and acquiescence was first introduced in Chief Young Dede v. African Association Ltd. (1910) 1 N.L.R 130 at 133.

Alternatives:

  • Delay defeats equity
  • Equity aids the vigilant, not those who sleep on their rights

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