TORT LAW – Trespass to Land – Actionable at Suit of Person in Possession – Possession Gives Right to Sue Even Without Title
Ratio Decidendi
Per Ogwuegbu, JSC, in Yusuf v. Akindipe (2000) NLC-1571994(SC) at p. 7; Paras. A–B:
"It is trite law that trespass to land is actionable at the suit of the person in possession of the land. It is a violation of a possessory right and does not generally involve title to land. A person in possession can sue for trespass even if he is neither the owner of the land nor a privy to the owner. Exclusive possession of the land gives the person in such possession the right to retain it and to undisturbed enjoyment of it against all wrong-doers except a person who can establish a better title."
Explanation / Scope
Trespass to land protects possession, not title. Key principles: (1) Possession sufficient: Person in possession can sue for trespass—title unnecessary. (2) Not title-based: Trespass is possessory action, doesn’t involve title determination. (3) Even non-owners can sue: Possessor can sue even if: not owner, not privy to owner, or lacking any title. (4) Protection scope: Exclusive possession gives rights: to retain possession, to undisturbed enjoyment, against all wrongdoers except those with better title. This serves: protecting actual possession, preventing self-help, and ensuring peaceful possession regardless of title. “Exclusive possession” means: actual physical possession, excluding others, and control over land. Such possession confers: right to sue trespassers, protection against interference, and undisturbed enjoyment. Exception: Person with better title can defeat possessor’s trespass action—but wrongdoer must prove better title, mere claim insufficient. This prevents: requiring possessors to prove title to sue trespassers, self-help by those disputing possession, and leaving possessors unprotected. Even squatters or adverse possessors: can sue trespassers, protect their possession, and enjoy possessory rights. The principle: possession itself is protected legal interest deserving protection against interference. Only person proving better title can defeat possessory protection—all other trespassers are liable regardless of possessor’s title status.