TORT LAW ā Conversion ā Detention as Evidence of Conversion
Principle Statement
Mere detention may be evidence of conversion but is not conclusive. Detention adverse to the right of the person entitled, with intention to keep the goods in defiance of his rights, amounts to conversion.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Boniface Anyika & Co. & Anor v. Uzor (2006) NLC-123-384-2001(SC) at pp. 15ā16; Paras EāA.
"Technically, it requires a positive act. Mere detention may be evidence of Conversion, but it is not conclusive. But a detention which is adverse to the right of the person entitled in the sense of an intention to keep the goods in defiance of his rights, amounts to Conversion."
Explanation / Scope
Detention with adverse intention to defy the owner’s rights constitutes conversion. The principle applies to tort law.
