LEGAL PRINCIPLE: CIVIL PROCEDURE — Trespass — Who May Maintain Action — Possessor Against Anyone but True Owner
PRINCIPLE STATEMENT
A trespasser on land can maintain an action for trespass against anyone, except the true owner, who interferes with his possession.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ajukwara & Ors v. Izuoji & Ors (2002) NLC-151998(SC) at p. 10; Paras E–A.
"The law is settled that a trespasser on land can maintain an action for trespass against anyone, except the true owner, who interferes with his possession."
EXPLANATION / SCOPE
Even a trespasser has possessory rights against all others except the true owner. The law protects possession as a legal interest. A subsequent trespasser cannot justify entry by challenging the prior possessor’s title unless they are the true owner. The principle discourages self-help and preserves order. The prior possessor need not prove ownership—only prior, exclusive possession. The defendant must show superior title to defeat the claim. The rule applies even where the original entry was wrongful. Possession raises a rebuttable presumption of ownership. The principle is fundamental to the law of trespass. The court will protect the prior possessor’s interest against all but the true owner.
