LEGAL PRINCIPLE: TORT LAW — Trespass to Land — Definition — Unwarranted entry — Ignorance no defence
PRINCIPLE STATEMENT
Trespass is an unwarranted or unjustifiable entry upon land in possession of another. It does not depend on the intention of the trespasser, nor can ignorance of the true owner be pleaded. It is enough that the right of the owner or person in exclusive possession was invaded.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Dantsoho v. Mohammed (2003) NLC-511996(SC) at p. 14; Paras B–D.
"Trespass is an unwarranted or unjustifiable entry or intrusion by one person upon land in possession of another. It does not depend on the intention of the trespasser. Nor can he plead ignorance as to true owner or that he thought the land belonged to him. It is enough that the right of the owner or person in exclusive possession was invaded."
EXPLANATION / SCOPE
Trespass is actionable regardless of intent or mistake. Ignorance of ownership is no defence. The principle applies to all trespass actions. The plaintiff need only prove possession and entry. The rule protects possessory rights. The defendant cannot escape liability by claiming good faith. The principle is well-established.