Collier v Williams (Civil App. No. 25/66)) [1967] SLCA 1246 (10 July 1967);

Law Report Citation: 
1967-68 ALR S.L. 197 C.A.
Search Summary: 

Civil Procedure-parties-plaintiffs-trespass to land-person in possession proper plaintiff:

Tort-trespass-trespass to land-possession supports action-where possession doubtful law attaches it to title

Headnote and Holding: 

Trespass is an injury to a possessory right, and therefore the proper plaintiff in an action for trespass to land is ,the person who was, or is deemed to have been, in possessionat the time of the trespass; and where possession is doubtful or equivocal, the law attaches it to the title (page 200, lines 34-36; page 201, lines 3-4).