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http://ogekazacharia.blogspot.co.uk/2015/01/notes-on-delay-defeats-equity-equity.html

Limitations Act

Delay defeats equity:

Laches is an unreasonable delay in enforcing a right.

If there is an unreasonable delay in bringing proceedings the case may be disallowed in equity. Acquiescence is where one party breaches another's rights and that party doesn't take an action against them they may not be allowed to pursue this claim at a later stage. These may be used as defences in relation to equity cases. For a defence of laches courts must decide whether the plaintiff has delayed unreasonably in bringing forth their claim and the defence of acquiescence can be used if the actions of the defendant suggest that they are not going ahead with the claim so it is reasonable for the other party to assume that there is no claim. (Nelson v Rye 1996)

http://www.lawteacher.net/free-law-essays/property-trusts/the-law-of-equity.php

1= MEANING : If one sleeps upon his rights, his rights will slip away from him and therefore, the maxim has been expressed in a rather different form, shouting to the passive, otiose and slothful that : ” equity aids the vigilant and not the indolent. ” Smith vs Clay (1767) ” a court of equity has always refused its aid to stale demands, where a party has slept upon his right and acquiesced for a great length of time. ”
2= Proviso :
This maxim applies only when a claim is made to equitable relief. ( Clark and chapman vs hart 1858)

https://amin125.wordpress.com/2014/03/25/delay-defeats-equity/

Once the party knows they have been wronged, they must act relatively swiftly to preserve their rights. Otherwise, they are guilty of laches. Laches is a defense to an action in equity. This maxim is often displaced by statutory limitations, but even where a limitation period has not yet run, equity may apply the doctrine of "laches," an equitable term used to describe delay sufficient to defeat an equitable claim. In Chief Young Dede v. African Association Ltd. the equitable rule of laches and acquiescence was introduced.
Alternatives:

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

· EQUITY – DELAY DEFEATS EQUITY – Where the appellant waited for 16
· years before instituting the action and allowed an innocent third party to acquire
· substantial interest for value. Court Held that Delay defeats equity

1) Delay defeats equity.
If a plaintiff waits too long before claiming it might lead to unfairness to another party.
Leaf v International Galleries (1950)
The plaintiff was sold a painting, which both parties mistakenly believed was a ‘Constable’. However the painting was a fake but the court did not award the equitable remedy of rescission (return of the parties to pre-contractual position) because there had been a delay of 5 years between the contract and the discovery.

http://www.vuhelp.net/threads/43036-Delay-defeats-equity?s=203dde9126de384d8b0cc66ecba0ecb4

HUDSON https://books.google.co.uk/books?id=0-DpAwAAQBAJ&pg=PA30&lpg=PA30&dq=%22delay+defeats+equity%22&source=bl&ots=1MJG1v0uTm&sig=_JmdNvqQJX4unwq_cQODn01p35w&hl=en&sa=X&ved=0ahUKEwjXsabpgM_JAhWFtRQKHYvEDJ44ChDoAQgwMAM#v=onepage&q=%22delay%20defeats%20equity%22&f=false

CLEMENTS https://books.google.co.uk/books?id=XTpICgAAQBAJ&pg=PT89&lpg=PT89&dq=%22delay+defeats+equity%22&source=bl&ots=nV8V2aaXXQ&sig=ejZbPcx8_lXqHOwqiugv9QAgsqM&hl=en&sa=X&ved=0ahUKEwjXsabpgM_JAhWFtRQKHYvEDJ44ChDoAQgzMAQ#v=onepage&q=%22delay%20defeats%20equity%22&f=false

EDWARDS https://books.google.co.uk/books?id=aP88TIbHuIsC&pg=PA46&lpg=PA46&dq=%22delay+defeats+equity%22&source=bl&ots=kCjYdwtnO2&sig=038W-5bI1cb7qu-dNgCtTpbYCaI&hl=en&sa=X&ved=0ahUKEwjXsabpgM_JAhWFtRQKHYvEDJ44ChDoAQg-MAc#v=onepage&q=%22delay%20defeats%20equity%22&f=false

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