LAND LAW — Trespass to Land — Burden of Proof — Plaintiff Must Succeed on Strength of Own Case
Ratio Decidendi
Per Adekeye, JSC, in Oyeneyin & Anor v. Akinkugbe & Anor (2010) NLC-123-283-2001(SC) at p. 5, paras. D–E; and p. 7, para. A:
"When two parties are on land claiming possession, the possession being disputed, trespass can only be at the suit of that party who can show that title of land is in him. ... It is the duty of the plaintiff in an action for declaration of title to land to adduce sufficient and credible evidence to establish the mode of acquisition of his title and the plaintiff must succeed on the strength of his own case."
Explanation / Scope
This principle establishes that where possession is disputed, trespass can only be maintained by the party who can show title. The plaintiff must adduce sufficient and credible evidence to establish the mode of acquisition of title and must succeed on the strength of their own case. The principle applies in trespass and title claims. It ensures that the plaintiff proves title. The principle reflects the burden of proof in land disputes. It prevents claims without proof of title. The court must require sufficient evidence. The principle provides guidance on the burden in trespass actions.