LEGAL PRINCIPLE: TORT LAW — Trespass to Land — Entry Based on Void Instrument Constitutes Trespass
PRINCIPLE STATEMENT
Once I have found that the document by which the defendant gained possession is void, the defendant's entry to the land is void ab initio and amounts to trespass.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JCA (as quoted with approval by Edozie, JSC), in Ibrahim v. Ojomo & Ors (2004) NLC-2492000(SC) at pp. 8–9; Paras E–A.
"Once I have found that the document exhibit D11 by which the defendant gained possession is void, the defendant's entry to the land is void ab initio and amounts to trespass."
EXPLANATION / SCOPE
Entry based on a void instrument is void from the beginning and constitutes trespass. The invalidity of the underlying document renders the entry unlawful. The principle applies to tort law, particularly trespass to land. The rule protects rightful possessors from claims based on void instruments. No lawful possession can flow from a void document. The entry is treated as never having legal basis.
