LEGAL PRINCIPLE: LAND LAW – Trespass – Possession as Basis for Claim – Owner with Better Title
PRINCIPLE STATEMENT
A person in possession of land even as a trespasser can sue another person who thereafter comes upon the land unless that other is the owner or shows some title which gives him a better right to be on the land.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eze v. Atasie (2000) NLC-1401995(SC) at p. 7; Paras A–B.
"A person in possession of land even as a trespasser can sue another person who thereafter comes upon the land unless that other is the owner or shows some title which gives him a better right to be on the land."
EXPLANATION / SCOPE
Possession, even by a trespasser, is good against all except the true owner or one with better title. A person in possession can sue a subsequent trespasser. The law protects possession as a legal interest. The subsequent trespasser cannot justify entry by challenging the possessor’s title unless they are the owner. This discourages self-help and preserves order. The prior possessor need not prove ownership—only prior, exclusive possession. The defendant must show superior title to defeat the claim. The rule applies even where the original entry was wrongful. Possession raises a rebuttable presumption of ownership.