LEGAL PRINCIPLE: TORT LAW – Conversion – Damages Limited to Value of Chattel at Date of Conversion
PRINCIPLE STATEMENT
In a claim for conversion, only the value of the chattel at the date of conversion may be claimed. Special damages may also be claimed, but this does not include loss of ordinary earnings after the date of conversion.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ojini v. Ogo Oluwa Motors Nigeria Ltd (1998) NLC-1581991(SC) at p. 8; Paras A–B.
"In a claim for conversion, only the value of the chattel at the date of conversion may be claimed. Special damages may also be claimed but it does not include a claim for loss of ordinary earnings after the date of conversion."
EXPLANATION / SCOPE
Conversion damages are assessed at the date of conversion. The plaintiff cannot recover for loss of ordinary earnings after conversion. Special damages may be claimed if specifically pleaded and proved. The principle limits recovery to the value of the goods at the time of conversion. The rule applies to all conversion claims. The plaintiff may also recover damages for loss of use if properly claimed. The court will not award speculative or consequential damages. The principle ensures that the defendant is not liable for unforeseeable losses. The plaintiff must act promptly to mitigate damages.