LAND LAW — Trespass — Onus of Proof — Plaintiff Establishing Prior Possession Shifts Burden to Defendant to Show Better Title
Principle Statement
The plaintiff pleaded that he was in possession of the land in dispute at the time when the defendant entered thereon to excavate laterite. The plaintiff went further to call evidence of his possession. The two courts below accepted the evidence of the plaintiff on his possession. This court does not make a practice of interfering with the concurrent findings of fact made by the two courts below. The argument of the defendant that the plaintiff did not call satisfactory evidence of his title overlooks the fact that the plaintiff, having shown his prior possession of the land in dispute, the onus shifted to the defendant to show that it had a better title. This, the defendant failed to do.
Ratio Decidendi (Source)
Per G.A. Oguntade, JSC, in Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC) at p. 10; Paras B—D.
"The plaintiff pleaded that he was in possession of the land in dispute at the time when the defendant entered thereon to excavate laterite. The plaintiff went further to call evidence of his possession. The two courts below accepted the evidence of the plaintiff on his possession. This court does not make a practice of interfering with the concurrent findings of fact made by the two courts below. The argument of the defendant that the plaintiff did not call satisfactory evidence of his title overlooks the fact that the plaintiff, having shown his prior possession of the land in dispute, the onus shifted to the defendant to show that it had a better title. This, the defendant failed to do."
Explanation / Scope
This principle establishes that once a plaintiff establishes prior possession, the burden shifts to the defendant to show better title. The principle applies where possession is established. It ensures that possession is protected unless better title is shown. The principle reflects that possession is prima facie evidence of title. It prevents defendants from challenging possession without proof. The court must determine if better title is shown. The principle provides guidance on the shifting burden in trespass actions.
