TORT LAW — Trespass to Land — Locus Standi — Person Not in Possession Cannot Maintain Action for Trespass
Ratio Decidendi
Per Fabiyi, JSC in Skye Bank Plc & Anor v. Akinpelu (2010) NLC-123-38-2003(SC) at p. 19, paras. B–C:
"A person who is not in possession has no right to claim for trespass. Trespass to land is actionable at the suit of the person in possession of the land."
Explanation / Scope
This principle establishes that only a person in possession of land can maintain an action for trespass. The principle applies in trespass claims. It ensures that only those with possessory rights can sue. The principle reflects the nature of trespass as an injury to possession. It prevents claims by persons not in possession. The court must determine if the plaintiff was in possession. The principle provides guidance on locus standi in trespass actions.