NATURE OF TRESPASS TO LAND

NATURE OF TRESPASS TO LAND

This was explicitly defined by the court in Ajibade V Pedro (1992) 5 NWLR (PT) 241 as: an unwarranted or unjustified entry or intrusion by one person upon land in possession of another.

It does not depend on the intention of the trespasser, nor can he plead ignorance as to the true owner or that he thought the land belongs to him. It is enough that the right of the owner or person in exclusive possession is invaded.

A person who initially entered upon land lawfully or pursuant to an authority given by the true owner , or person in possession subsequently abuses his possession or that authority becomes a Trespasser ab initio , his conduct relating back as to make his initial entry trespass