Trespass to land

Sierra Leone — Court of Appeal · 2012

Principle established: A plaintiff in an action for declaration of title must succeed on the strength of their own title and not on the weakness of the defendant's title.

Lanbuk on the Law of Torts · 1681

Principle established: Trespass to land does not need an intention to trespass. It is enough that the entry was voluntary; a mistake about ownership is no defence.

Sierra Leone — African Law Reports · 1950-56

Principle established: A writ of possession requires proof of service and disobedience, and execution executed without lawful authority constitutes a tort where damages are assessed as against a private wrongdoer.

Lanbuk on the Law of Torts · 1978

Principle established: An owner's rights in airspace extend only to the height needed for the ordinary use and enjoyment of the land.

Zimbabwe · 2023

Principle established: A local authority is entitled to an order of ejectment against an individual who occupies municipal land without a valid legal basis or through fraudulent means.

Sierra Leone — Court of Appeal · 1965

Principle established: To succeed in trespass to land, plaintiffs must prove specific title; ambiguous evidence merely showing that either one or the other co-plaintiff had title is insufficient.

Sierra Leone — African Law Reports · 1964-66

Principle established: An action in trespass to land cannot be maintained by co-plaintiffs if evidence leaves indeterminate which of them actually held title to the land at the time of the trespass.

Sierra Leone — Court of Appeal · 1967

Principle established: Because trespass to land is an actionable wrong against possession, only the person in actual or constructive possession at the time of the entry can maintain the action.

Sierra Leone — African Law Reports · 1967-68

Principle established: Because trespass to land constitutes an injury to a possessory right, the proper party to institute an action is the person who held actual or constructive possession at the time.

Lanbuk on the Law of Torts · 1912

Principle established: Necessity is a defence where there was a real threat and the defendant acted reasonably, even if it turned out his act was not needed.

Sierra Leone — African Law Reports · 1950-56

Principle established: Where an execution is conducted without lawful authority so as to constitute a trespass or conversion, damages are assessed against the wrongdoer without regard to any official capacity.

Sierra Leone — Court of Appeal · 1952

Principle established: Where execution of process is wholly unauthorised and wrongful, it constitutes trespass or conversion, and damages are assessed as though the wrongdoer acted without official character.

Lanbuk on the Law of Torts · 1765

Principle established: Every unauthorised entry on another's land is a trespass, even by state officials, unless the law clearly allows it.

Sierra Leone — African Law Reports · 1950-56

Principle established: The measure of damages in an action for conversion is the full value of the chattel at the date of the conversion.

Sierra Leone — Court of Appeal · 2012

Principle established: A claim for declaration of title and damages for trespass requires the plaintiff to prove ownership and entitlement to possession of the specific parcel of land.

Uganda · 2015

Principle established: A purchaser of land who encroaches beyond the boundaries specified in the sale agreement is a trespasser and may be subject to eviction orders.

Sierra Leone — Court of Appeal · 2012

Principle established: A plaintiff seeking a declaration of title and an injunction against trespass must establish their ownership through valid conveyance and survey plans.

Sierra Leone — African Law Reports · 1964-66

Principle established: Any clear and exclusive possession of land exercised with the intention to possess, or a valid documentary title derived from a person rightfully in possession, is sufficient to maintain an action for trespass.

Sierra Leone — Supreme Court · 1964

Principle established: Any clear and exclusive possession of land exercised with intent to possess is sufficient to support an action for trespass.

Lanbuk on the Law of Torts · 1957

Principle established: The owner of land owns the airspace above it to a reasonable height, so a sign over the land is a trespass.

Lanbuk on the Law of Torts · 1986

Principle established: Causing animals or things to enter another's land, intentionally or negligently, can be trespass.

Sierra Leone — African Law Reports · 1972-73

Principle established: The projection of building eaves over adjoining land constitutes an actionable nuisance rather than a trespass, and liability is established upon proof of encroachment without requiring proof of negligence or actual damage.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered an application to strike out a defense and enter judgment in a matter involving a declaration of title and damages for trespass to land.

Sierra Leone — Court of Appeal · 2013

Principle established: A fee simple owner of land may apply for an interlocutory injunction to prohibit others from trespassing or engaging in construction on the property pending trial.

Sierra Leone — Supreme Court · 1984

Principle established: Proof of ownership is unnecessary to succeed in trespass to land, as the slightest degree of actual possession and acts asserting control are sufficient to maintain an action against an intruder.

Sierra Leone — Court of Appeal · 2022

Principle established: A property owner or their administrator is entitled to recover possession and claim damages from a party that wrongfully occupies the land without legal title or permission.

Sierra Leone — Supreme Court · 1992

Principle established: An appellate court should not overturn a trial judge's findings of fact supported by evidence, and an action in trespass requires proof of actual possession, which is a question of fact.

Lanbuk on the Law of Torts · 1610

Principle established: A person who enters under authority given by law and then abuses it by a positive act becomes a trespasser from the start (trespass ab initio). A mere omission, like not paying, is not enough.