LEGAL PRINCIPLE: TORT LAW — Trespass to Land — Possession as Basis for Trespass — Person with Defective Title May Maintain Trespass Action
PRINCIPLE STATEMENT
A person may be granted damages for trespass and an injunctive relief even without proof of ownership; mere exclusive possession is enough. A person in possession even with a defective title can sue in trespass against anyone except the true owner.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at pp. 9–10; Paras A–B.
"A person may be granted damages for trespass and an injunctive relief even though there was no proof of ownership of the land; mere exclusive possession is enough. A person who is able to prove exclusive possession of a piece of land can maintain an action in trespass against any person, unless such a person can prove a better title to the land. A person in possession even without a valid title or with a defective title can sue in trespass."
EXPLANATION / SCOPE
Possession, not title, is the basis for trespass. The principle applies to land disputes. The plaintiff must prove exclusive possession. The rule protects possessory rights. The true owner may defeat the claim. The principle is well-established.
