Land is such a valuable asset in Nigeria and all over the world, that the contest for ownership or title to land sometimes breed crisis and the court becomes the last resort in the resolution of these crisis. However, the Door of justice may be shut against the rightful owner of a parcel of land, due to some issues.

To begin this discourse, it would not be out of place to have a fair view of some of the terms used in this article, so as to speed up understanding of the issues being discussed.

What is Trespass?

In legal theory, the position is that every unlawful or unauthorized entry into a land in possession of another is trespass for which an action in damages lies even if no actual damage is done to the land or any fixture thereon.

Simply put, trespass to land is the unlawful entry into the land of someone in possession or into the land of another person without his consent or approval. The word ‘entry’ used here means any act which tampers the peaceful enjoyment of the property of the person in possession or owner. Acts such as digging a foundation, planting crops etc constitutes trespass to land, which gives right to the owner to sue to claim damages.

Can the Door of Justice Be Shut Against the Owner of Land?

The Courts in Nigeria are established for the sole purpose of dispensing justice to those whom have been wronged by the acts of another. Its doors are therefore perpetually open to aggrieved members of society and this includes owners of land, which have been trespassed upon by intruders.

However for every rule there is an exception. It thus happened that the doors of justice i.e. the court-the hallowed temple of justice may be shut against an owner of land, for some reasons that we would highlight.

Circumstances That Shuts the Door of Justice in Land Matters:

• Limitation Law: Various States of the Federation in Nigeria have enacted limitation Laws, to regulate access to the door of justice. The reason for this is to ensure stability in the system as all citizens are expected to guard and defend their rights timeously. We shall make recourse to the Limitation Law of Lagos State as a case study.

For clarity, section 16(2) of the Limitation Law of Lagos provides as follows:

(2) The following provisions shall apply to an action by a person to recover land – (a) Subject to paragraph (b) of this subsection, no such action shall be brought after the expiration of twelve years from the date on which the right of action accrued to the person bringing it or, if it first accrued to some person through whom he claims, to that person;

Yes! You read it! It is in plain English language. It simply means that when someone else trespassed upon your land and you keep quiet or do nothing, the doors of justice-the court would be shut against you where you intend to access the temple of justice to recover your land. This position is in line with the position that equity aids the vigilance.

• Res judicata: the principle ofres judicata is one aimed at avoiding duplicity or multiplicity of litigation. The essence of the principle is that a previous judgment previously handed down will constitute a bar to a present action if certain conditions are satisfied.

There are various types of estoppel, but we shall restrict ourselves to issue estoppel.

Simply put, where the court especially the Supreme Court have given a decision recognizing someone as the owner of a land, the “owner” cannot access the court a second time, as the door of justice would be shut against him.

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• Laches and Acquiescence: “Acquiescence” means assent to an infringement of rights either express or implied from conduct by which the right to an equitable relief is lost. It takes place when a person with full knowledge of his own rights and of any acts which infringe them, has, either at the time of infringement or after infringement by his conduct led the persons responsible for the infringement to believe that hewaived or abandoned his rights”. (See Dictionary of English Law by Earl Jowitt, 2nd Edition).

In simple terms, it means that where you aware that someone is trespassing on your land and you do nothing i.e. either by instructing your lawyer to write him affirming that you are the owner, or any other legal means, the law would assume that you have waived your rights. Consequently, the doors of justice would be shut against you.

CONCLUSION.

Now the law is the law. The whole essence of this is to enlighten us to be vigilant in protecting our property and acting timeously in LEGALLY challenging the title of trespassers. Whilst the door of justice-the court might not be the first option in resolving these disputes, there is need to involve a lawyer to act fast, where pre-court resolution fails.

Are you presently faced with intruders and trespassers to your land? Is someone tampering with the peaceful enjoyment of your hard earned land? The time to act is now. Be quick as the door of justice may be shut after some time. Why not send an email to [email protected] or call +2348034869295.

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