LEGAL PRINCIPLE: LAND LAW – Trespass – Possession Ascribed to Party with Better Title
PRINCIPLE STATEMENT
The law is well settled that when the issue is as to which of two claimants has a better right to the possession or occupation of a piece or parcel of land in dispute, the law will ascribe such possession and/or occupation to the person who proves a better title thereto. Where two parties are on land claiming possession, the possession being disputed, trespass can only be at the suit of that party who can show that title of the land is in him.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olohunde & Anor v. Adeyoja (2000) NLC-151995(SC) at p. 5; Paras D–E, p. 18; Para A.
"The law is well settled that when the issue is as to which of two claimants has a better right to the possession or occupation of a piece or parcel of land in dispute, the law will ascribe such possession and/or occupation to the person who proves a better title thereto. Where two parties are on land claiming possession, the possession being disputed, trespass can only be at the suit of that party who can show that title of the land is in him."
EXPLANATION / SCOPE
When two claimants dispute possession, the law ascribes possession to the party with better title. Trespass can only be brought by the party who proves title. Mere physical occupation does not confer possessory rights against a person with superior title. The party with better title is deemed in possession. This prevents a person with inferior title from suing the true owner for trespass. Possession follows title in disputes between claimants. The court determines which party has superior legal interest. The person with better title need not physically occupy to maintain trespass against an intruder.