TORT LAW — Trespass to Land — Possession as Foundation — Action by Person in Possession
Principle Statement
Trespass is actionable at the suit of the person in possession, even if he is neither owner nor privy of the owner. Exclusive possession gives the right to retain and undisturbed enjoyment against all wrong-doers except one with better title.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Ogbimi v. Niger Construction Ltd (2006) NLC-123-275-2001(SC) at p. 26; Paras A–C.
"It is trite law that trespass to land is actionable at the suit of the person in possession of the land. That person can sue in trespass even if he is neither the owner or a privy of the owner. This is because 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 could establish a better title."
Explanation / Scope
Trespass is based on possession, not ownership. A possessor can sue all wrong-doers except the true owner with better title. The principle applies to tort law.
