LEGAL PRINCIPLE: LAND LAW – Trespass – Nature of Tort – Continuing Trespass
PRINCIPLE STATEMENT
Trespass is a continuing tort; a person who remains on another's land without authority commits a fresh trespass each day they remain, and the landowner is always entitled to protection.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at p. 16; Paras A–B.
"It is trite law that it is a continuing tort of trespass for a person to remain in another's land without that other's authority or consent, so that barring defences properly raised and sustained which defeat the right of the owner of such land to complain of the continuing trespass, the land owner is always entitled to protection as appropriate: see Adepoju v. Oke (1999) 3 NWLR (Pt.594) 154 at 163-164."
EXPLANATION / SCOPE
Trespass is a continuing tort. A person who remains on another’s land without authority commits a fresh trespass each day they remain. The landowner is entitled to protection against continuing trespass. The limitation period for continuing trespass runs from the date of the last act of trespass, not the first entry. The owner can sue for ongoing trespass without needing to bring multiple actions. The principle protects owners from permanent encroachment. A defendant cannot defeat the claim by arguing they entered long ago but never left. The continuing nature allows the court to order removal of structures and award damages covering the entire period of encroachment. The owner’s right to possession is ongoing.