LEGAL PRINCIPLE: TORT LAW – Trespass and Injunction – Claim Sustainable Independent of Declaration of Title
PRINCIPLE STATEMENT
It is settled law that a plaintiff can succeed in a claim for damages for trespass and injunction even where his claim for a declaration of title fails.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ude v. Chimbo (1998) NLC-1291994(SC) at pp. 21–22; Paras B–C.
"It is settled law that a plaintiff can succeed in a claim for damages for trespass and injunction even where his claim for a declaration of title fails."
EXPLANATION / SCOPE
Trespass protects possession, not title. A plaintiff may succeed in trespass even without proving title. The principle applies to all trespass actions. The plaintiff must prove prior possession. The defendant cannot justify trespass by challenging title unless he is the true owner. The rule promotes protection of possessory rights. The court may award damages for trespass. The claim for injunction may also succeed. The principle is well-established. The plaintiff need not prove ownership if possession is established.
