CIVIL PROCEDURE — Trespass — Claim for Trespass — Declaration of Title Not a Prerequisite
Ratio Decidendi
Per Ogbuagu, JSC, in Omotayo v. Co-operative Supply Association (2010) NLC-123-155-2002(SC) at p. 13; Paras A–C:
"It is now firmly settled that a claim for trespass, is not dependent on a declaration of title. Trespass, is an injury to a possessory right and therefore, the proper plaintiff in an action for trespass to land, is the person who was or who is deemed to have been in possession at the time of the trespass." It is now firmly settled that a claim for trespass, is not dependent on a declaration of title. Trespass, is an injury to a possessory right and therefore, the proper plaintiff in an action for trespass to land, is the person who was or who is deemed to have been in possession at the time of the trespass.
Explanation / Scope
This principle establishes that a claim for trespass does not require a declaration of title. Trespass is an injury to possessory rights, and the proper plaintiff is the person in possession at the time of trespass. The principle applies where a plaintiff sues for trespass without claiming title. It ensures that possession is protected. The principle reflects that trespass is a possessory action. It prevents defendants from defeating trespass claims by challenging title. The court must determine possession. The principle provides guidance on the nature of trespass claims. It ensures that persons in possession can sue without proving title.