LEGAL PRINCIPLE: LIMITATION LAW – Detinue – Accrual of Cause of Action – Demand and Refusal as Trigger
PRINCIPLE STATEMENT
In an action of detinue as in other actions of tort, limitation law runs from the time when the cause of action arose. Consequently, if nothing has happened to give rise to an action of detinue, there is no period of time which can operate to extinguish the title of the real owner. If there is a demand by the owner from the person in possession of the chattel and a refusal on the part of the latter to give it up, then in six years the remedy of the owner is barred.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Julius Berger Nigeria Plc v. Omogui (2001) NLC-101997(SC) at p. 10; Paras A–B.
"In an action of detinue as in other actions of tort, limitation law runs from the time when the cause of action arose. Consequently, if nothing has happened to give rise to an action of detinue, there is no period of time which can operate to extinguish the title of the real owner. If there is a demand by the owner from the person in possession of the chattel and a refusal on the part of the latter to give it up, then in six years the remedy of the owner is barred."
EXPLANATION / SCOPE
In detinue, the cause of action arises upon demand for return of the chattel and refusal by the possessor. Limitation runs from the date of refusal. Without demand and refusal, no cause of action accrues—time does not run. The owner’s title is not extinguished until the cause of action accrues and limitation expires. The limitation period for detinue is six years from the date of refusal. The principle protects owners from being barred before they have a right to sue. The demand must be clear and unequivocal. Refusal may be express or implied from conduct. The owner must prove demand and refusal to establish the accrual date.