LEGAL PRINCIPLE: LAND LAW – Trespass to Land – Actionable at the Suit of Person in Possession
PRINCIPLE STATEMENT
Trespass to land is actionable at the suit of the person in possession. Such a person is entitled to maintain an action in trespass even if he is not the owner, as exclusive possession confers the right to undisturbed enjoyment against everyone except the true owner or a person with better title.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olowolagba & Ors v. Bakare & Ors (1998) NLC-15695(SC) at pp. 7; Paras A--C.
"It is trite law that trespass to land is actionable at the suit of the person in possession of the land in dispute. Such a person in possession of land is entitled to maintain an action in trespass even if he is neither the owner nor a privy or agent of the owner, as exclusive possession of land confers on the person in such possession of the land the right to retain it and to undisturbed enjoyment thereof against every other person else except the true owner or a person with a better or superior title thereto."
EXPLANATION / SCOPE
Possession is the basis for a trespass action. The plaintiff need not prove ownership. The principle protects possessory rights. The defendant may defeat the claim by proving better title. The rule applies to all trespass actions. The plaintiff must prove exclusive possession at the time of the trespass. The court will protect possession against all except the true owner. The principle discourages self-help.
