Ratio Decidendi

Per Adekeye, JSC, in Oyeneyin & Anor v. Akinkugbe & Anor (2010) NLC-123-283-2001(SC) at p. 11, paras. D–E:

"Where a person having entered upon land under an authority given by law and subsequently abuses that authority, he becomes a trespasser ab initio, his conduct relating back so as to make his original entry tortuous."

Explanation / Scope

This principle establishes that a person who enters land under lawful authority but subsequently abuses that authority becomes a trespasser ab initio, with the misconduct relating back to make the original entry tortious. The principle applies where authority is abused. It ensures that abuse of authority results in trespass. The principle reflects the doctrine of trespass ab initio. It prevents parties from exceeding authority. The court must treat the entry as trespass. The principle provides guidance on trespass ab initio.

Cases Applying This Principle