LEGAL PRINCIPLE: TORT LAW – Detinue – Measure of Damages Assessed at Date of Judgment
PRINCIPLE STATEMENT
In an action in detinue, the value of the chattel claimed but not returned is assessed as at the date of judgment or verdict, not at the date of the defendant's refusal to return it.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ordia v. Piedmont (Nigeria) Ltd (1995) NLC-2651991(SC) at p. 21; Paras B–C.
"In an action in detinue, the value of the chattel claimed but not returned is assessed as at the date of judgment or verdict… The relevant time for ascertaining the replacement value of the barges is the time of judgment and not the date of the defendant's refusal to return the same."
EXPLANATION / SCOPE
The value of goods in detinue is assessed at the date of judgment. This compensates the plaintiff for the continuing wrongful detention. The principle applies to both detinue and conversion. The plaintiff may recover the increased value if the chattel appreciated. The rule encourages prompt resolution of disputes. The court may award the highest value between the date of conversion and judgment. The principle is well-established in English and Nigerian law. The defendant cannot benefit from delaying judgment. The plaintiff must prove the value at the date of judgment.