LAND LAW ā Trespass ā Root of Action ā Plaintiff Must Show Better Title Where Defendant Claims Ownership
Principle Statement
A claim for trespass is rooted in exclusive possession. Where a defendant claims ownership, title is put in issue, and the plaintiff must show a better title than the defendant.
Ratio Decidendi (Source)
Per Katsina-Alu, JSC, in Amayo v. Erinmwingbovo (2006) NLC-123-323-2001(SC) at p. 9; Paras CāE.
"A claim to trespass to land is rooted in exclusive possession. The onus on the plaintiff is to prove by credible evidence that he has exclusive possession, or he has the right to such possession of the land in dispute. Where however a Defendant claims to be the owner of the land in question, title to it is put in issue. In order to succeed therefore, the plaintiff must show a better title than that of the Defendant."
Explanation / Scope
Where the defendant claims ownership, the plaintiff must prove better title for trespass. The principle applies to land law.
