LEGAL PRINCIPLE: LAND LAW – Trespass and injunction – Claim puts title in issue
PRINCIPLE STATEMENT
Where a plaintiff claims for trespass and injunction, he puts his title in issue.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Oladele v. Anibi (1998) NLC-3021991(SC) at p. 9; Paras A–B.
"Where, as in the instant case, the plaintiff claims for trespass and injunction he/she puts his/her title in issue..."
EXPLANATION / SCOPE
Trespass and injunction claims automatically raise title. The plaintiff must prove better title. The principle applies to all trespass actions. The defendant may challenge the plaintiff’s title. The rule shifts the burden. The plaintiff cannot rely on mere possession. The principle is well-established.