LEGAL PRINCIPLE: TORT LAW — Trespass to Land — Possession Through Third Party or Predecessor in Title
PRINCIPLE STATEMENT
A person can be in possession through a third party, such as a servant, agent, or tenant. Also, possession of a predecessor in title is in law deemed to be continued by his successor.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Adewole v. Dada (2003) NLC-441997(SC) at pp. 5–6; Paras E–A.
"A person can certainly be in possession through a third party, such as servant, agent or tenant as in this case. Also, possession of a predecessor in title is in law deemed to be continued by his successor."
EXPLANATION / SCOPE
Possession can be established through third parties or successors in title. The principle applies to land disputes. The rule recognises that possession is not limited to physical occupation. The court will impute possession from relationship. The principle is well-established.