LEGAL PRINCIPLE: TORT LAW — Detinue — Damages for Detention of Non-Profit-Earning Chattel
PRINCIPLE STATEMENT
In detinue, a plaintiff can claim specific restitution or its value and damages for detention. But where the chattel is not profit-earning, it is extremely difficult to assess damages for detention.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Neka B.B.B. Manufacturing Co. Ltd v. African Continental Bank Ltd (2004) NLC-321997(SC) at pp. 33–34; Paras E–A.
"In an action for detinue, a plaintiff can claim for specific restitution of the chattel, or, in default, its value and damages for its detention up to the date of judgment. But where the chattel is not profit earning … it is extremely difficult to assess the damages incurred by the plaintiff for the detention."
EXPLANATION / SCOPE
Damages for detention of non-profit-earning chattels are difficult to assess. The principle applies to detinue claims. The court may award nominal damages. The rule recognises practical limitations. The plaintiff must provide evidence of loss. The principle is well-established.