TORT LAW ā Conversion ā Ingredients of Dominion and Inconsistent Dealing
Principle Statement
For conversion to be proved, the following ingredients must be present: (1) goods belong to plaintiff; (2) goods do not belong to defendant; (3) goods taken without lawful justification; (4) defendant intends permanent or temporary dominion; (5) specific demand by plaintiff; (6) unequivocal refusal to surrender.
Ratio Decidendi (Source)
Per Tobi, JSC, in Boniface Anyika & Co. & Anor v. Uzor (2006) NLC-123-384-2001(SC) at pp. 10ā11; Paras EāA.
"For the tort of Conversion to be committed, the following ingredients must be present and proved: (1) The goods belong to the Plaintiff. (2) The goods do not belong to the Defendant. (3) The goods are taken out of the possession of the owner, the Plaintiff, without lawful justification. (4) The Defendant must have the intention of exercising permanent or temporary dominion over the goods. (5) There must be specific demand for the goods by the Plaintiff, the owner. (6) That denial must be followed by an unequivocal act of refusal to surrender the goods by the Defendant to the Plaintiff."
Explanation / Scope
Six elements must be proved to establish conversion. The principle applies to tort law.
