PRACTICE AND PROCEDURE — Trespass — Forceful Entry Without Consent — Liability in Damages
Ratio Decidendi
Per Onnoghen, JSC, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at p. 13; Paras B—C:
"The two allocations are different and for the appellant to break and enter exhibit 'A' without the consent or authority of the respondent and commence construction activities therein, he committed an act of trespass for which he was rightly adjudged liable in damages."
Explanation / Scope
This principle establishes that forceful entry onto land without the consent or authority of the possessor constitutes trespass, rendering the trespasser liable in damages. The principle applies where land is entered without consent. It ensures that trespassers are liable. The principle reflects the nature of trespass. It protects possessory rights. The court must award damages. The principle provides guidance on trespass.