Trespass to Person
Possession
Possession In Law: when a person has the Intention to exclude the world at large from interfering with the thing in question and he does so on his own account and name
Possession In Fact: when Pt has the right to use the land and the ability to exclude others.
Possession
Possession In Law: when a person has the Intention to exclude the world at large from interfering with the thing in question and he does so on his own account and name
Possession In Fact: when Pt has the right to use the land and the ability to exclude others.
Can bring action in trespass against anyone except:
(a) another person with Possession in Fact
(b) person who has Possession in Law SENIK v HASAN
(c) person with Immediate right to possession.
Immediate right to possession: is when a person has the lawful right to retain possession.
DOCTRINE of relation back: an heir's right to immediate possession arises from the moment his right to it accrues at the death of the deceased.
MARUBENI's case
JUIAIKA BIBI v MYDIN: Df was a trespasser from the moment the previous TOL was cancelled & new TOL issued to Pt.
Trespass to land: is the Intentional wrongful entry & unreasonable interference with another's ownership of his land.
Definition of 'Land'; Section 5 of National Land Code:
(a) Surface
(b) subsoil
(c) vegetation (natural or labored)
(d) Things attached to the earth
(e) land covered by water
Can only be committed against person in possession of land regardless of ownership.
Actionable per se
CHEAH KIM THONG: "the slightest intrusion of the boundary is sufficient."
(1) Intention
(2) Interference: is the term used to justify' action in trespass,
Wrongful entry; remaining beyond permission given; throwing, placing things on the land.
RIGBY v CC SOUTH YORKSHIRE
* Trespass on the highway: HICKMAN v MAISEY
* Trespass to subsoil & airspace
KARUPANAN BALAKRISHNAN
KELSEN v IMPERIAL HOTEL
S 19 of Civil Aviation Act
Interference with goods
Trespass ab initio: when a person enters lawfully but subsequently abuses his authority.
CINNAMON v BRITISH AIRPORTS AUTHORITY
6 minicab drivers allowed to enter airport upon condition they don't tout. Abused the authority given. Trespassers ab initio.
6 CARPENTERS' Case
6 carpenters entered restaurant. Drank & ate. Refused to pay. Not trespassers ab initio because no positive act of abuse.
AZIZAH V DATO' BANDAR
JEFFREY v BLACK
Df arrested for stealing a sandwich for a pub. Police searched his apartment for illegal drugs.
Criticisms of Doctrine of Trespass Ab Initio:
CHIC FASIONS (WEST WALES)
Lord Denning: Trespass Ab Initio 'a by-product of old forms of action. Now that they are burled it can be Interred with their bones.' Once an entry is lawful, it would be improper to hold It unlawful subsequently unless it falls under the circumstances of Cinnamon.
ELIAS v PASMORE
When a Police Officer enters a house by virtue of a search warrant, he can seize not only goods spec in the warrant but other goods which he believes could be material evidence. His entry doesn't become unlawful simply because he unjustifiably seizes other goods. He may be liable in trespass to goods. Not to land.
(a) another person with Possession in Fact
(b) person who has Possession in Law SENIK v HASAN
(c) person with Immediate right to possession.
Immediate right to possession: is when a person has the lawful right to retain possession.
DOCTRINE of relation back: an heir's right to immediate possession arises from the moment his right to it accrues at the death of the deceased.
MARUBENI's case
JUIAIKA BIBI v MYDIN: Df was a trespasser from the moment the previous TOL was cancelled & new TOL issued to Pt.
Trespass to land: is the Intentional wrongful entry & unreasonable interference with another's ownership of his land.
Definition of 'Land'; Section 5 of National Land Code:
(a) Surface
(b) subsoil
(c) vegetation (natural or labored)
(d) Things attached to the earth
(e) land covered by water
Can only be committed against person in possession of land regardless of ownership.
Actionable per se
CHEAH KIM THONG: "the slightest intrusion of the boundary is sufficient."
(1) Intention
(2) Interference: is the term used to justify' action in trespass,
Wrongful entry; remaining beyond permission given; throwing, placing things on the land.
RIGBY v CC SOUTH YORKSHIRE
* Trespass on the highway: HICKMAN v MAISEY
* Trespass to subsoil & airspace
KARUPANAN BALAKRISHNAN
KELSEN v IMPERIAL HOTEL
S 19 of Civil Aviation Act
Interference with goods
Trespass ab initio: when a person enters lawfully but subsequently abuses his authority.
CINNAMON v BRITISH AIRPORTS AUTHORITY
6 minicab drivers allowed to enter airport upon condition they don't tout. Abused the authority given. Trespassers ab initio.
6 CARPENTERS' Case
6 carpenters entered restaurant. Drank & ate. Refused to pay. Not trespassers ab initio because no positive act of abuse.
AZIZAH V DATO' BANDAR
JEFFREY v BLACK
Df arrested for stealing a sandwich for a pub. Police searched his apartment for illegal drugs.
Criticisms of Doctrine of Trespass Ab Initio:
CHIC FASIONS (WEST WALES)
Lord Denning: Trespass Ab Initio 'a by-product of old forms of action. Now that they are burled it can be Interred with their bones.' Once an entry is lawful, it would be improper to hold It unlawful subsequently unless it falls under the circumstances of Cinnamon.
ELIAS v PASMORE
When a Police Officer enters a house by virtue of a search warrant, he can seize not only goods spec in the warrant but other goods which he believes could be material evidence. His entry doesn't become unlawful simply because he unjustifiably seizes other goods. He may be liable in trespass to goods. Not to land.
