LEGAL PRINCIPLE: LAND LAW – Trespass – Foundation of Action and Proof Required
PRINCIPLE STATEMENT
A person in possession can maintain trespass against anyone but the true owner. Where the defendant claims ownership, title is put in issue, and the plaintiff must establish a better title.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Anyabunsi v. Ugwunze (1995) NLC-1331989(SC) at pp. 10-11; Paras B--A.
"The principle is elementary that a person in possession of land can maintain an action in trespass against anyone but the persons who can establish a better title. A claim for trespass to land being generally rooted in exclusive possession, all a plaintiff needs prove is that he has exclusive possession or the right to such exclusive possession of the land in dispute, but once a defendant claims to be the owner of the land in dispute, as the appellant did claim in the present case, title to such a land is thereby put in issue and the plaintiff, to succeed, must establish a better title than that of the defendant."
EXPLANATION / SCOPE
Trespass is primarily about possession, not title. The plaintiff need only prove prior possession against a stranger. However, if the defendant asserts ownership, the plaintiff must prove better title. The principle shifts the burden when ownership is claimed. The plaintiff cannot rely on mere possession against a defendant who claims ownership. The court will determine which party has superior title. The rule applies to all trespass actions. The plaintiff must be prepared to prove title if the defendant raises it. The principle protects true owners from possessory claims.