LEGAL PRINCIPLE: CIVIL PROCEDURE — Trespass to Land — Possession as Basis for Trespass — Limitation Where Title is Raised
PRINCIPLE STATEMENT
Trespass is a violation of possessory right and does not involve title to land. A person in exclusive possession wrongly dispossessed is entitled to recover possession even if true title belongs to a third party. However, where title is raised, the plaintiff must show better title than the defendant.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ufomba & Anor v. Ahuchaogu & Ors (2003) NLC-141999(SC) at pp. 10–11; Paras D–B.
"Trespass is a violation of possessory right and does not involve title to land … A person who has been in exclusive possession of land but was wrongly dispossessed is entitled to recover possession even if the true title is shown to belong to a third party. … 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
Trespass protects possession, not title. But if the defendant raises title, the plaintiff must prove better title. The principle applies to land disputes. The rule balances possessory rights with title rights. The plaintiff may succeed on possession alone if title not raised. The principle is well-established.