TORT LAW — Trespass to Land — Possession as Basis of Claim Independent of Title
Principle Statement
Trespass is actionable at the suit of the person in possession, even if he is neither the owner nor a privy of the owner. Anyone other than the true owner who disturbs another's possession can be sued in trespass. It is no answer for a defendant to say that title is in another person.
Ratio Decidendi (Source)
Per Kutigi, JSC, in Oyadare v. Keji (2005) NLC-123-228-2000(SC) at p. 5; Paras A–C.
" Trespass to land is actionable at the suit of the person in possession of the land. That person can sue for trespass even if he is neither the owner nor a privy of the owner. It is also trite that possession in law means exclusive possession, and where it is not exclusive the law will not protect it. Therefore, anyone other than the true owner, who disturbs somebody else's possession on the land, can be sued in trespass and it is no answer for a defendant to say that title to the land is in another person."
Explanation / Scope
Trespass is based on possession, not ownership. A person in exclusive possession can sue even without title. The principle applies to tort law. The true owner’s title does not excuse the defendant’s trespass.
