LEGAL PRINCIPLE: TORT LAW – Detinue – Cause of Action – Facts Required to Support Claim for Return of Document
PRINCIPLE STATEMENT
In a claim for detinue, the plaintiff must prove: (i) entitlement to immediate possession by virtue of ownership; (ii) wrongful detention by the defendant; and (iii) unconditional refusal to surrender after demand.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Labode v. Otubu & Anor (2001) NLC-1721995(SC) at p. 39; Paras A–B.
"In a claim as the present, those facts are: (i) that the plaintiff is entitled to immediate possession of the document by virtue of her ownership of the document. (ii) that the defendants wrongfully detained the document. (iii) that the defendants have unconditionally refused to surrender the document after demand for its surrender has been made."
EXPLANATION / SCOPE
A claim for detinue requires proof of three elements: (1) the plaintiff’s entitlement to immediate possession (usually through ownership); (2) the defendant’s wrongful detention of the chattel; and (3) an unconditional refusal to surrender after a demand for return. The demand must be clear and unequivocal. The refusal must be absolute—conditional refusal based on improper conditions may be treated as unconditional. The plaintiff must have had the right to possession at the time of demand. The principle ensures that detinue claims are not speculative. Each element must be proved on the balance of probabilities. Failure to prove any element defeats the claim.