LEGAL PRINCIPLE: LAND LAW – Trespass – Proof of Trespass – Need for Evidence of Encroachment
PRINCIPLE STATEMENT
While ownership gives the right to exclusive possession, the fact of trespass must still be proved by evidence showing the defendant's actual entry or encroachment on the land.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at pp. 13–14; Paras D–A.
"I accept the argument of appellant's counsel that once the appellant is shown to be the owner of those plots of land, contrary to the erroneous view of the lower court, he is in exclusive possession or has a right to such possession and that anyone who is on the land without his permission is a trespasser ab initio. However, the question that there has been trespass on the land is a conclusion that can only be reached upon the evidence available. That was how decision was reached in the case of Madubuonwu v. Nnalue (1992) 8 NWLR (Pt.260) 440 cited by him, and similar cases. No argument was proffered to identify the evidence in support of the trespass committed by the respondents. The truth is that there is no such evidence in proof."
EXPLANATION / SCOPE
While ownership gives the right to exclusive possession and makes any unauthorised entry trespass ab initio, the fact of trespass must still be proved by evidence. The plaintiff must adduce evidence showing that the defendant actually entered or remained on the land. Ownership alone does not automatically prove trespass—the act of encroachment must be established. The plaintiff cannot rely solely on title; specific acts of trespass must be identified and proved. The principle prevents judgment on trespass claims without evidence of the alleged encroachment. The burden is on the plaintiff to prove both ownership and the defendant’s acts of trespass. The court cannot infer trespass from ownership alone.