MAJOLAGBE vs. LARBI & ORS.

(His lordship stated the facts, and proceeded:-_) It has been submitted by Counsel for the plaintiff that this is a case of trespass pure and simple, and that upon proof that the plaintiff was in possession of the land on the date on which the trespass complained of took place, in law the onus shifted to the defendants to prove their authority for entering upon the land, i.e. to prove superior title. The law as to trespass is that if a person proves merely that he is in possession of land, that is sufficient to enable him to maintain trespass against anyone who cannot show a better title. Upon that principle, granting for the moment that the case is trespass and nothing more, the onus is upon the plaintiff to prove that he was in possession of the land at the date when he alleged the defendants entered thereon. Proof, in law , is the establishment of fact by proper legal means; in other words, the establishment of an averment by admissible evidence. Where a party makes an averme...