TORT LAW — Trespass — Actionable at the Suit of Person in Possession
Principle Statement
Trespass is actionable at the suit of the person in possession of the land. The slightest possession enables the plaintiff to maintain an action for trespass if the defendant cannot show a better title.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Echere & Ors v. Ezirike & Ors (2006) NLC-123-350-2001(SC) at p. 18; Paras B–C.
"It is now firmly established that trespass is actionable, at the suit of the person in possession of the land. The slightest possession in the plaintiff, enables him to maintain an action for trespass if the Defendant, cannot show a better title."
Explanation / Scope
Possession, however slight, grounds a trespass action against anyone without better title. The principle applies to tort law.
