Acquiescence in English Law and the Customary Land Law of Ghana and Nigeria

Abstract

The courts in Ghana and Nigeria apply indigenous customary law in a large proportion of cases, particularly those involving family relationships or land. During the past century the courts have done much to clarify this law and adapt it to rapidly changing social conditions. One such adaptation is the subject of this article. The English doctrine of acquiescence has been imported to fill what appeared in new circumstances to be a deficiency in the customary land law. The doctrine had been used to perform functions different from those which it has performed and is performing in English land law. This article seeks to compare the different characteristics the doctrine has assumed in the three countries, and to draw some conclusions from the experience of Ghana and Nigeria.