LEGAL PRINCIPLE: TORT LAW – Trespass to Land – Possession Sufficient to Maintain Action Against Wrongdoer – Title Need Not Be Proved
PRINCIPLE STATEMENT
Any form of possession is sufficient to maintain an action for trespass against a wrong doer as long as it is clear and exclusive. It is not necessary in order to maintain trespass that the plaintiff's possession should be lawful; and actual possession is good against all except those who can show a better right to possession in themselves.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JCA, in Uda v. William (1997) 1 NWLR (pt. 483) 548 at 562, cited with approval in Ojo v. Azama (2001) NLC-1221995(SC) at p. 15; Paras A–C.
"Any form of possession is sufficient to maintain an action for trespass against a wrong doer as long as it is clear and exclusive. It is not necessary in order to maintain trespass that the plaintiff's possession should be lawful; and actual possession is good against all except those who can show a better right to possession in themselves."
EXPLANATION / SCOPE
To maintain trespass, the plaintiff need only prove clear and exclusive possession—not lawful title. Actual possession is good against all except those with better right to possession. Even a trespasser in possession can sue a subsequent trespasser. The principle protects possessory rights regardless of ownership. The defendant cannot justify trespass by showing the plaintiff lacks title unless the defendant is the true owner. The law protects peaceable possession from interference. The prior possessor need not prove ownership. The defendant must show superior title to defeat the claim. The principle discourages self-help and maintains order. The court will protect possession until title is determined.