TORTE OF DETINUE – LAW

The tort of detinue is the wrongful detention of the chattel of another person, the immediate possession of which the person is entitled. Detinue is a claim for the specific return, delivery or surrender of a chattel to the plaintiff who is entitled to it.

  As a general rule, to successfully sue in detinue a plaintiff must have possession before the detention or have the right to immediate possession of the chattel. An action in detinue is a claim for the specific return of a chattel wrongfully retained or for payment of its current market value

and any consequential damages.

Although detinue covers the same ground as conversion by detention; however, there are differences between the causes of action; in that Where the goods prior to the demand for their return by the plaintiff have been lost or destroyed, the defendant will not be liable for conversion by detention. Also, refusal to surrender on demand is the essence of detinue but it is only one of several forms of conversion.

                    WHEN TO SUE FOR DETINUE

A plaintiff can only maintain an action for the tort of detinue after satisfying the two conditions which are:

1.      The plaintiff must have title; that is ownership or right to immediate possession of the chattel.

2.      The defendant who is in actual possession of the chattel must have failed or refused to deliver the chattel to the plaintiff after the plaintiff has made a proper demand for the return of the chattel without lawful excuse.

   A Nigerian example of a successful action in detinue is udechukwu v okwuka.  The plaintiff bought a kit car from the defendant and, after the sale, left it on the defendant’s premises, having told his (plaintiff) driver to hand over the earnings of the car to the defendant for safekeeping. Later when the plaintiff went to collect the car, the defendant refused to allow him to take it away until the defendant saw the driver. Even though it was argued that his refusal was not categorical but merely conditional, The West African Court of Appeal held the defendant liable in detinue.

Also in west  Africa  Examination Council v Koroye. The plaintiff sat for an examination conducted by the defendant council. The defendant negligently refused to release his certificate. The plaintiff successfully claimed in detinue for his certificate and was awarded damages in lieu of the release of the certificate by the supreme court.

THE DEFENSES FOR DETINUE

In an action for detinue, a defendant  may plead that :

·        He has mere possession of the goods

·        That the plaintiff has insufficient title as compared to himself

·        The defendant may plead Jus terti, that is that a third party has a better title, provided the defendant is the agent.

·        Innocent delivery

·        Subsisting bailment

REMEDIES FOR DETINUE

When a person’s chattel is detinue is detained by another person who is denied possession has the following remedies.

·        A claim for the return of the specific chattel especially if the chattel has not changed its character content and it has not been damaged nor destroyed during its detention.

·        Where possible, a defendant may be ordered to replace the chattel by supplying an identical or similar chattel. This is possible for instance in the case of manufacturer’s products who can easily replace the goods by supplying a similar product.

·        A person who is entitled to possession of goods of which he has been wrongfully deprived may resort to self help and retake the goods from the custody the person detaining it, using only reasonable force after he has made a demand for their return. 

THE THREE OF TORTS OF TRESPASS

  The three torts of trespass; chattels, conversion and detinue protect the possessor of a chattel from wrongful interference therewith. These three form of trespass to chattel are each actionable per se upon commission or occurrence without the plaintiff having to prove damages. For the purpose of exposition, however, each tort must be considered separately.