LEGAL PRINCIPLE: LAND LAW – Possession – Distinction Between Possession and Occupation for Purpose of Maintaining Trespass
PRINCIPLE STATEMENT
Occupation entails mere physical control, while possession may exist without physical occupation. A landlord collecting rents is in de jure possession even if not in physical occupation.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Anyabunsi v. Ugwunze (1995) NLC-1331989(SC) at pp. 8; Paras D--E.
"Whereas the term 'occupation' in relation to land entails mere physical control of the land in the time being, 'possession' of land, although it may some times connote occupation of such land, is not necessarily always synonymous with occupation of such land. A landlord who collects rents from his tenants in respect of his piece or parcel of land is clearly in de jure possession of such land even though he is not in physical occupation or de facto possession thereof."
EXPLANATION / SCOPE
Possession is a legal concept distinct from physical occupation. A person may have legal possession without physical presence. The principle applies to landlords, trustees, and others with legal title. The court recognises de jure possession. The rule is important for trespass actions. A person in de jure possession can sue for trespass. The defendant cannot defeat the claim by showing that the plaintiff was not physically on the land. The principle protects the rights of absentee owners. The court will examine the nature of the plaintiff’s interest.