LEGAL PRINCIPLE: CIVIL PROCEDURE — Trespass to Land — Action for Trespass and Injunction — When Title is Put in Issue
PRINCIPLE STATEMENT
Where in an action for trespass the issue of title is raised, to succeed, a plaintiff must be able to show a better title to be in possession of the land in dispute than the defendant.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ufomba & Anor v. Ahuchaogu & Ors (2003) NLC-141999(SC) at p. 11; Paras A–B.
"Where, however, in an action for trespass the issue of title is raised, to succeed, a plaintiff must be able to show a better title to be in possession of the land in dispute, than the defendant."
EXPLANATION / SCOPE
Once title is raised in a trespass action, the plaintiff must prove better title. The principle applies to land disputes. Possession alone is insufficient. The rule protects true owners. The plaintiff must adduce evidence of superior title. The principle is well-established.