ANYIRA II V. CONSTRUCTION COIGNENT TOGO AND OTHERS

OLLENNU J.: (His lordship referred to the pleadings and continued):

The action before the court is one for trespass, a wrong to possession of land. The only person entitled in law to a relief for trespass is the person in possession of the land at the date of the trespass or the person in whom is vested the right to immediate possession of the land. Now it is admitted by the defendants in their statement of defence and the letter exhibit “I”, that the plaintiff and his family were in possession and occupation of the land. It is also admitted by the co-defendant, as shown in his statement of defence, that the plaintiff and members of this family are the persons in possession and occupation of the land. Again it is admitted by the defendants as well as by the co-defendants that the defendants entered upon the land without the permission of the plaintiff who is in possession of the land. Therefore even upon the pleadings the plaintiff is entitled to the relief he seeks and the only matter…