LAND LAW — Trespass to Land — When Owner Estopped from Reclaiming Land
Ratio Decidendi
Per Adekeye, JSC, in Oyeneyin & Anor v. Akinkugbe & Anor (2010) NLC-123-283-2001(SC) at p. 21, para. E – p. 22, para. A:
"The owners of the land who should guard their property jealously were not opposed to the sale by their half brother - the courts have no basis to set aside the transfer of land. The 1st appellant cannot be a trespasser on his own land - therefore the claim for trespass must fail. Once there is no finding for trespass, an injunction cannot be granted as there is no possession in party to protect."
Explanation / Scope
This principle establishes that where owners who should guard their property fail to oppose a sale by a family member, the courts have no basis to set aside the transfer, and the purchaser cannot be a trespasser. The principle applies in family land disputes. It ensures that acquiescence bars later challenges. The principle reflects the doctrine of estoppel by acquiescence. It prevents owners from reclaiming land after standing by. The court must dismiss trespass claims where the owner acquiesced. The principle provides guidance on estoppel in land transfers.