TORT LAW ā Trespass to Land ā Plaintiff Must Show Better Title Where Defendant Claims Ownership
Principle Statement
Once a defendant claims to be the owner of the land in dispute, title to it is put in issue, and in order to succeed, the plaintiff must show a better title than that of the defendant.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Ugoji v. Onukogu (2005) NLC-931999(SC) at pp. 12ā13; Paras EāA.
"Once a defendant claims to be the owner of the land in dispute, title to it is put in issue, and in order to succeed, the plaintiff must show a better title than that of the defendant."
Explanation / Scope
When the defendant asserts ownership, title becomes a live issue requiring comparison. The plaintiff must prove superior title to succeed. The principle applies to tort law and land law. The rule shifts from possession-based trespass to title-based determination. The plaintiff cannot rely solely on possession if the defendant claims ownership. The court must compare the strength of both parties’ titles.
