LEGAL PRINCIPLE: LIMITATION LAW – Detinue – Nature of Action – Continuing Wrong
PRINCIPLE STATEMENT
In detinue, the cause of action does not accrue until there has been a demand for the return of the goods in question and a definite refusal to deliver them up. Detinue is a continuing cause of action which accrues at the date of the wrongful refusal to deliver up the goods and this continues until delivery up of the goods or judgment in the action for detinue.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Julius Berger Nigeria Plc v. Omogui (2001) NLC-101997(SC) at p. 19; Paras B–D.
"In detinue, the cause of action does not accrue until there has been a demand for the return of the goods in question and a definite refusal to deliver them up. Detinue is a continuing cause of action which accrues at the date of the wrongful refusal to deliver up the goods and this continues until delivery up of the goods or judgment in the action for detinue."
EXPLANATION / SCOPE
Detinue is a continuing cause of action. It accrues on the date of wrongful refusal to deliver goods and continues until delivery or judgment. The continuing nature means that limitation does not bar the action if the refusal continues within the limitation period. Each day of wrongful detention gives rise to a fresh cause of action. The principle prevents a possessor from defeating the claim by simply waiting out the limitation period. The owner may sue within six years of the most recent refusal. The continuing wrong doctrine applies specifically to detinue. The court must distinguish between the initial wrongful taking (trespass/conversion) and the continuing detention (detinue). The demand and refusal must be proved.