Principle

CIVIL PROCEDURE — Pleadings — Joinder of Claims — Claim for Trespass and Claim for Recovery of Possession Cannot Be Joined in Same Action

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Trespass and recovery of possession claims are mutually inconsistent. The principle applies to civil procedure. A plaintiff cannot claim both to be in possession and out of possession. The rule prevents contradictory claims. The plaintiff must elect between the two. The principle is well-established.

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