LEGAL PRINCIPLE: TORT LAW – Trespass to Goods – Trespass Is Actionable Per Se and Depends on Possession
PRINCIPLE STATEMENT
Trespass to goods is actionable per se, without proof of damage. It lies only in favour of a plaintiff who has possession or the immediate right to possession. The sole question is whether the defendant directly interfered with the plaintiff's possession.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ojini v. Ogo Oluwa Motors Nigeria Ltd (1998) NLC-1581991(SC) at pp. 7–8; Paras C–E.
"Trespass, unlike conversion and detinue, is actionable per se, that is, without any proof of damage and it can be committed without any denial of or interference with title but it lies only in favour of a plaintiff who has possession as the appellant in this appeal or at the suit of a person having the immediate right to possession. The sole question to be determined is whether the defendant had directly interfered with the plaintiff’s possession."
EXPLANATION / SCOPE
Trespass to goods protects possessory rights. The plaintiff need not prove damage; the act itself is actionable. The plaintiff must have possession or immediate right to possession. The court examines whether there was direct interference. The principle distinguishes trespass from conversion and detinue. The defendant’s motive is irrelevant. The rule applies to all types of goods. The plaintiff may recover nominal damages even without actual loss. The principle protects possessory rights without requiring proof of title. The defendant cannot justify trespass by claiming title unless he is the true owner.