LEGAL PRINCIPLE: TORT LAW — Trespass to Land — Claim for Damages — Need to Prove Possession
PRINCIPLE STATEMENT
A claim for damages for trespass should fail where the plaintiffs fail to establish that they were in actual possession of the land in dispute.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ojiako v. Ewuru (1995) NLC-1031992(SC) at p. 22; Paras. A–C.
"A claim for damages for trespass should also fail because the Plaintiffs failed to establish that they were in actual possession of the land verged pink in Exhibit 'A'."
EXPLANATION / SCOPE
Trespass requires proof of actual possession. The plaintiff must show that they were in possession at the time of the alleged trespass. The principle applies to all trespass claims. The plaintiff may rely on de jure possession if not physically present. However, if the defendant claims ownership, title becomes an issue. The plaintiff cannot succeed in trespass without establishing either possession or better title. The rule protects true owners. The court will dismiss trespass claims lacking proof of possession.