LEGAL PRINCIPLE: CIVIL PROCEDURE — Claims — Trespass and Declaration of Title — Distinct and Separate Claims
PRINCIPLE STATEMENT
In one action, there may be two independent claims of title and damages for trespass. A person may fail in his claim for title but succeed in his claim for trespass. The claim for trespass is not dependent on the declaration of title as the issues are separate and independent.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Owhonda v. Ekpechi (2003) NLC-1981999(SC) at p. 10; Paras A–C.
"In one action there may be two independent claims of title and damages for trespass. A person may fail in his claim for title but may succeed in his claim for trespass, the issues or the incidents are separate and independent. The claim for trespass is not dependent on the declaration of title as the issues to be determined on the claim for trespass were whether the plaintiff had established his actual possession of the land and the defendant's trespass on it, which are quite separate independent issues to that on his claim for declaration of title."
EXPLANATION / SCOPE
Trespass and declaration of title are separate claims. A plaintiff may succeed in trespass even if title fails. The principle applies to land disputes. Possession is the basis for trespass. The rule protects possessory rights. The court will consider each claim independently. The principle is well-established.