LAND LAW — Trespass to Land — Trespass Ab Initio — Effect of Licensee Denying Licensor’s Title and Challenging Ownership
Principle Statement
If the defendant/appellant, has admitted the averment in the plaintiff/respondent's pleadings that she was its licencee, by which she would be regarded as having entered upon the land lawfully and she later resorted to challenging the title of the plaintiff/respondent as she has done, she will in law, become a trespasser ab initio her misconduct relating back so as to make her initial entry a trespass.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Omotayo v. Co-operative Supply Association (2010) NLC-123-155-2002(SC) at p. 7; Paras A–B.
"If the defendant/appellant, has admitted the averment in the plaintiff/respondent's pleadings that she was its licencee, by which she would be regarded as having entered upon the land lawfully and she later resorted to challenging the title of the plaintiff/respondent as she has done, she will in law, become a trespasser ab initio her misconduct relating back so as to make her initial entry a trespass."
Explanation / Scope
This principle establishes that a licensee who denies the licensor’s title becomes a trespasser ab initio. The misconduct relates back to make the initial entry a trespass. The principle applies where a licensee challenges the licensor’s title. It ensures that licensees cannot deny their licensor’s title. The principle reflects that a licensee is estopped from denying the licensor’s title. It prevents licensees from abusing their position. The court must determine if the licensee challenged the title. The principle provides guidance on the effect of a licensee denying title. It ensures that licensees are held accountable.
