LEGAL PRINCIPLE: LAND LAW – Trespass – Possessory Title – Prior Exclusive Possession Sufficient
PRINCIPLE STATEMENT
Plaintiff's possession in this case is good title against the whole world except the true owner of the land. Although plaintiff failed in his claim for title, that failure does not necessarily mean that his claim in trespass must fail because trespass is a violation of possessory right and does not involve title to land. Clear and exclusive possession is sufficient to sue in trespass.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ngene v. Igbo & Anor (2000) NLC-1531992(SC) at p. 8; Paras B–D.
"Plaintiff's possession in this case is good title against the whole world except the true owner of the land. Although plaintiff failed in his claim for title, that failure does not necessarily mean that his claim in trespass must fail because trespass is a violation of possessory right and does not involve title to land. Clear and exclusive possession is sufficient to sue in trespass."
EXPLANATION / SCOPE
Trespass protects possessory rights, not just ownership. A plaintiff with clear and exclusive possession can sue in trespass even without proving title. Possession is good against all except the true owner. Failure to prove title does not automatically defeat trespass claims—possession suffices. The defendant cannot justify trespass by challenging the plaintiff’s title unless they are the true owner. This protects actual possessors from unlawful interference. The principle encourages peaceful possession and discourages self-help. The plaintiff must prove exclusive, undisturbed possession prior to the alleged trespass. Mere sporadic occupation is insufficient.