TORTS ā Detinue ā Accrual of Cause of Action ā Demand and Refusal
Principle Statement
An action in detinue requires two acts: the plaintiff must make a formal demand, and the defendant must refuse to return the goods. An action cannot be founded only on demand without a corresponding refusal.
Ratio Decidendi (Source)
Per Tobi, JSC, in Chigbu v. Tonimas Nigeria Ltd (2006) NLC-123-129-2002(SC) at p. 18; Paras CāD.
"Before an action on detinue can be filed, two acts must be present; one from the plaintiff and the other from the defendant. The plaintiff must make a formal demand for the return of the goods or chattel. The defendant must refuse to return the goods or chattel. And so an action in detinue cannot be founded only on the demand by the plaintiff without a corresponding refusal."
Explanation / Scope
Detinue requires both demand by plaintiff and refusal by defendant. The principle applies to tort law.
