LEGAL PRINCIPLE: LIMITATION LAW — Adverse Possession — Dispossession of True Owner — Effect of Continuous Adverse Possession
PRINCIPLE STATEMENT
Where land ceases to be in adverse possession before the limitation period expires, the right of action to recover the land shall no longer be deemed to have accrued, and no fresh right shall accrue unless and until the land is again taken into adverse possession.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Akibu & Ors v. Azeez & Anor (2003) NLC-651997(SC) at pp. 15–16; Paras D–A.
"Where a right of action to recover land has accrued, and thereafter, before the right of action is barred, the land ceases to be in adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action shall be deemed to accrue unless and until the land is again taken into adverse possession."
EXPLANATION / SCOPE
Continuous adverse possession is required for limitation to run. Interruption resets the clock. The principle applies to adverse possession claims. The true owner may re-enter without limitation consequences. The rule protects the true owner’s rights. The possession must be uninterrupted. The principle is statutory.