LIMITATION LAW — Accrual of Cause of Action — Cause of Action in Trespass to Land Accrues Upon Trespass
Principle Statement
Until the appellant, his servants and agents went onto the respondent's land and started digging foundation, the respondent's cause of action had not arisen despite the assertion that the appellant claimed he purchased the land in 1974.
Ratio Decidendi (Source)
Per Onu, JSC, in Owie v. Ighiwi (2005) NLC-123-257-2000(SC) at p. 16; Paras A–B.
"In the instant case, I agree with the respondent that until sometime in 1985 when the appellant, his servants and agents went onto the respondent's land and started digging foundation for a dwelling house, the respondent's cause of action had not arisen despite the assertion that the appellant claimed he purchased the said land in 1974."
Explanation / Scope
A cause of action in trespass accrues at the time of the actual trespass, not when the defendant claims ownership or purchase. The principle applies to limitation law and trespass. The rule prevents limitation from running before any wrongful entry occurs.
