LEGAL PRINCIPLE: TORT LAW — Trespass to Land — Possession as Basis of Claim
PRINCIPLE STATEMENT
It is a basic principle of law that in a claim for damages for trespass to land, the plaintiff, to succeed, must establish exclusive possession of the land in dispute at all times material to the commission of the alleged tort by the defendant.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at p. 8; Paras A–B.
"It is a basic principle of law that in a claim for damages for trespass to land, the plaintiff, to succeed, must establish exclusive possession of the land in dispute at all times material to the commission of the alleged tort by the defendant."
EXPLANATION / SCOPE
Exclusive possession of the disputed land at the time of trespass must be proved by the plaintiff. Title alone without possession may not sustain a trespass claim. The principle applies to tort law, specifically trespass to land. The rule emphasizes possession as the foundation of trespass actions. The plaintiff must show actual possession when the trespass occurred. A mere paper title holder not in possession cannot sue for trespass.
