LEGAL PRINCIPLE: TORT LAW — Trespass to Land — Claim for Trespass Not Dependent on Declaration of Title
PRINCIPLE STATEMENT
A claim for trespass is not dependent on a claim for declaration of title. The issues for trespass are whether the plaintiff has established actual possession and whether the defendant trespassed. These are separate and independent from title issues.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Adewole v. Dada (2003) NLC-441997(SC) at pp. 4–5; Paras D–A.
"It is settled law that a claim for trespass as in this case, is not dependent on the claim for a declaration of title because the issues to be decided on the claim for trespass are whether the plaintiff has established his actual possession of the land and the defendant trespassed on it, as was done in this case. These are separate and independent issues from that in a claim for a declaration of title."
EXPLANATION / SCOPE
Trespass protects possession, not title. The principle applies to land disputes. The plaintiff may succeed in trespass even if title fails. The rule encourages proof of possession. The court will consider possession separately. The principle is well-established.
