EVIDENCE LAW — Trespass to Land — Proof — Title or Ownership Not Required Where Claim Based on Possession
Ratio Decidendi
Per Musdapher, JSC, in Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC) at p. 8; Paras A–C:
"Trespass to land is only concerned with the possession of the land and not ownership or title. The issue of the conveyance or their weight was clearly irrelevant."
Explanation / Scope
In an action for trespass, the plaintiff need not prove title or ownership; it is sufficient to prove possession of the land at the time of the trespass. The defendant cannot require the plaintiff to produce title documents or prove ownership to maintain a trespass action. The focus is on possession, not radical title. This principle simplifies trespass claims and ensures that possessors can protect their interest without proving ownership.