LEGAL PRINCIPLE: CIVIL PROCEDURE — Trespass — Possession as Basis for Claim — Claim Not Dependent on Declaration of Title
PRINCIPLE STATEMENT
A claim for trespass is not dependent on a claim for declaration of title; the issue is whether the plaintiffs established actual possession and whether the defendants trespassed on it.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ajukwara & Ors v. Izuoji & Ors (2002) NLC-151998(SC) at p. 7; Paras B–D.
"The claim for trespass is certainly not dependent on the claim for a declaration of title as the issue to be determined on the claim for trespass was whether the Plaintiffs had established their actual possession of the land and whether the Defendants trespassed on it. The Court of Appeal was therefore wrong when it simply rejected Plaintiffs traditional history and dismissed their claims in their entirety without considering whether or not the Plaintiffs were physically on the land."
EXPLANATION / SCOPE
A trespass claim stands independently of a declaration of title claim. The plaintiff need only prove actual possession at the time of the trespass. The court must consider possession even if the plaintiff fails to prove title. The principle protects possessory rights. A person in possession can sue any subsequent trespasser except the true owner. The court cannot dismiss a trespass claim solely because traditional history was rejected. The trial court must evaluate evidence of possession separately. The rule applies to all trespass actions. The plaintiff may succeed in trespass even if title is not proved. The appellate court will reverse if the lower court ignored possession evidence.
