TORT LAW ā Trespass to Land ā Claim in Trespass Requires Proof of Exclusive Possession
Principle Statement
A claim in trespass is not dependent on proof of title to land. A plaintiff who fails to prove title may not necessarily fail. If he establishes by evidence acts of exclusive possession, his claims for damages for trespass and an order of injunction may be granted.
Ratio Decidendi (Source)
Per Edozie, JSC, in Ezukwu v. Chukwu & Anor (2004) NLC-1602000(SC) at p. 23; Paras CāD.
"It is a correct statement of law that a claim in trespass is not dependent on proof of title to land. A plaintiff who fails to prove title may not necessarily fail in his action for trespass. If he establishes by evidence acts of exclusive possession, his claims for damages for trespass and an order of injunction may be granted."
Explanation / Scope
Trespass is actionable based on exclusive possession, not necessarily title. A plaintiff without title but with exclusive possession can succeed. The principle applies to tort law. The rule protects possessory rights independently of ownership. The possessor’s right to exclude others is enforceable against all except the true owner. The plaintiff must prove actual and exclusive possession at the time of trespass.
