LAND LAW ā Trespass ā Possession ā Prior Possession Sufficient to Maintain Action Against Wrongdoer Without Proof of Title
Principle Statement
It is trite law that 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. This is because exclusive possession of the land gives the person in such possession the right to retain it and to undisturbed enjoyment of it against all wrongdoers except a person who could establish a better title.
Ratio Decidendi (Source)
Per G.A. Oguntade, JSC, in Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC) at p. 9; Paras DāE.
"It is trite law that 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. This is because exclusive possession of the land gives the person in such possession the right to retain it and to undisturbed enjoyment of it against all wrongdoers except a person who could establish a better title."
Explanation / Scope
This principle establishes that prior possession is sufficient to maintain an action for trespass against a wrongdoer without proof of title. The principle applies where a plaintiff sues for trespass. It ensures that possession is protected. The principle reflects that trespass is an injury to possession. It prevents wrongdoers from challenging possession without better title. The court must determine if the plaintiff had possession. The principle provides guidance on the right to sue for trespass.
