LEGAL PRINCIPLE: LAND LAW – Trespass and Title – Possession Ascribed to Party with Better Title Where Title Is in Issue
PRINCIPLE STATEMENT
Where a claim for trespass and injunction is brought, title to the land is put in issue. The law ascribes possession to the party with the better title.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Udih v. Idemudia (1998) NLC-1951991(SC) at p. 20; Paras B–C.
"Where there is a claim for trespass and an injunction, as in the instant case, title to the land involved is put in issue and this makes it incumbent on the trial Judge to consider the issue of title to the land or exclusive possession to it… the law ascribes possession to the one with better title."
EXPLANATION / SCOPE
In trespass actions where the defendant asserts title, the plaintiff must prove better title. The law deems the party with superior title to be in possession. The principle applies to all trespass claims where title is contested. The plaintiff cannot rely solely on physical possession. The court will determine which party has the better legal right. The rule promotes certainty in land disputes. The party with better title is entitled to possession. The principle is fundamental to the law of trespass. The court will examine the respective titles of the parties.