Do not enter into anyone’s property (land, compound, apartment) by force (using anything that would show force, threaten peaceful possession, breach peace or cause ability to cause harm).
Section 81 of the Criminal Code, 2004, provides as follows:
“Any person who, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, enters on land which is in actual and peaceable possession of another, is guilty of a misdemeanor, and is liable to imprisonment for one year”
One-year imprisonment is not as small as it looks, we are talking 365 days. That is why you should take forcible entry seriously.
The first thing would be to define “forcible entry”. It is the unlawful taking of possession of real property by force or threats of force or the unlawful entry into or onto another’s property, especially when accompanied by force. This is how Wikipedia defines it.
The offence of forcible entry would be said to be committed once any individual enters a land which is in actual and peaceful possession of another, with such a show of force as is likely to cause a breach of the peace, or a reasonable fear thereof.
To establish the offence of forceful entry, three key ingredients must co-exist, and they are:
- Peaceful possession: This means that the complainant (the person who reports to the police) must have been in actual/physical possession of the land. It does not matter that he is not the actual (legal) owner of the land. The court at this time is not bothered about the title of ownership. So, it is very much possible for someone to be in peaceful possession of a land, and not be the owner of the land. Let me give you a quick example. This usually happens in land disputes (a battle for land). Trust me. Someone is probably laying a foundation on a landed property he just acquired, only for a group of people to come with cutlasses, dangerous weapons, sometimes armed policemen, to inform the builder that the said land in question is not his, destroy the erected structed and chase the builders out of the land. Maybe the land was sold to him by fraudsters who paraded themselves as owners of the land. The fact that legally speaking he is not the true owner of the land, the actions of anyone in a bid to chase him out would amount to forcible entry. The best option for anyone who deems himself to be the true owner of the land would be to institute an action against the trespasser in a court of law.
This can also happen in a landlord and tenancy situation. Where the occupant of a flat defaults in payment of his/her rents and the landlord rather than going to court to institute a recovery of possession suit would take touts to the property to evict the tenant, or remove the roof, or destroy the tenant’s properties. This is entry forcibly, as the tenant is in peaceful possession of the property.
- Entry on Land: Apparently, the person must enter the said property. It is called “forcible entry”. You cannot say that someone has committed the forcible entry if he did not enter the said property. The word “Enter” doesn’t just mean stepping foot into the said land, it includes throwing stones from afar intentionally to cause breach of peace.
- Show of Force: The person must enter the land with a show of force, or in a manner likely to cause breach of peace or cause fear. This means that an individual enters a property without any sign of force or sign that he or she is likely to cause breach of peace, such an individual cannot be liable for “forcible entry”. A very good example would be our previous example wherein someone is found laying blocks on a landed property. Perhaps, the legal owner comes and meets them on the land, he cannot angrily arrest the said individuals for forcible entry, this is because, the actions of the people do not portray show of force. The best bet would be to talk to them, if they refuse, go to court.
However, if after the actual owner talks to them, and informs them that they have encroached on his land, the trespassers then use force to keep him out, they the trespasser would be said to have gone one step further to commit the offence “Forcible Entry”.
Over the years of my practice of law, I have seen many land disputes lead to a case of forcible entry. Recovery of possession matters (usually between landlords and tenants) lead to forcible entry. Even boundary disputes between two communities lead to forcible entry, which in turns leads to the arrest and imprisonment of the youths of the liable community.
If you are caught in a situation like this and you as confused as to what step to take, consult a legal practitioner. Do not end up being a convict when you are the one who has been wronged.
