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TRESPASS TO CHATTEL

What Is Trespass to Chattel

This is a direct and unlawful injury done to the chattel in possession of another person. It is actionable per se; proof of direct and unlawful application of force is enough, there is no need to prove damages. However, the direct application of force does not have to be physical. For example, the driving away of cattle is trespass to chattel. A chattel is every moveable property. This thus Read More…

TRESPASS TO LAND

What is Trespass to Land?

Trespass to land, called trespass “quare clausum fregit” means the interference with the possession of land without lawful justification. The phrase “quare clausum fregit” literally means “breaking the close” of the plaintiff’s land. It was held in the case of Onasanya vs Emmanuel that trespass to land is committed where the defendant, without lawful justification: Read More…

THE DEFENCES TO FALSE IMPRISONMENT

 Why are There Defences to False Imprisonment?

The tort of false imprisonment is one that is heavily frowned upon by the law. However the common maxim, “to every general rule there is an exception”, is also effective in the case of false imprisonment. It is due to this fact that Read More…