Trespass To Land
Trespass To Land
Trespass To Land
Trespasser can sue every citizen of the world except the actual
owner or hos legal representative. Actual owner of the property is
the only one who cant be sued in trespass to land.
(Oshodemirim v Tetteh and Nunekpeku v. Ametepe)
TRESPASS TO CHATTEL/GOODS
Intention or Negligently interfering with goods or chattel owned to
another person.
Forson v Koens
Trespass to chattel is different from a conversion. They both have to do
with interference and goods.
Trespass to Chattel is actionable per se
Exception
Plaintiff doesnt always have to be in possession to maintain an action
Bailee/Bailor
When goods are given out in bailment. The bailee who is in possession
of the food for a fixed term has the capacity to sue. If its not for a fixed
term both the bailee and bailor can sue.
Trustee
If good are in Trust of a beneficiary. Where there is a damage/trespass
to the good the trustee can sue.
Owner of a franchise
Administrators/Executors.
An executor who goes for the grant of probate can sue for all goods in
device of the will. This is for when a person dies without making a will
CONVERSION
Interference here is not just mere, it has to be extensive, corrosive, and
deep.
If you use one persons good and return it, it wouldnt be actionable
here. However failure to return the good after several prompts
becomes conversion
Unlike trespass to chattel it cant be negligently committed.
To succeed, there should be intention
See yandoug Industries v. Roro Services (2005 2006) ScGLR 841
T.K. Serbeh v. Mensah (2005 2006)
Its no offence if a conduct is a negligent conduct.
It wont be conversion if an individual receives a parcel and assumes he
is the owner and opens it.
Title to Sue
Armory v. Delamire
Conversion also protects possession. The owner who is in possession
can sue. Another person in possession can sue other than the other
actual owner.
A finder in possession of a good can sue. Law treats goods and chattels
found loosely on the ground as. ??????