LEGAL PRINCIPLE: TORT LAW – Detinue – Detinue Distinguished from Conversion
PRINCIPLE STATEMENT
The gist of liability in detinue is the wrongful detention of the plaintiff's chattel after demand for its return. In conversion, the person entitled to possession is permanently deprived of the chattel, and it is converted to the use of someone else.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ordia v. Piedmont (Nigeria) Ltd (1995) NLC-2651991(SC) at pp. 15–16; Paras A–B.
"The gist of liability in detinue is the wrongful detention of the plaintiff's chattel by the defendant after the plaintiff has made a demand for its return. In conversion, on the other hand, the person entitled to the possession of a chattel is permanently deprived of that possession and the chattel is converted to the use of someone else."
EXPLANATION / SCOPE
Detinue requires a demand and refusal; conversion requires an act inconsistent with the owner’s rights. In detinue, the chattel still exists; in conversion, it may be destroyed or transferred. The principle helps parties choose the appropriate cause of action. The remedies differ: detinue allows return of the chattel or damages; conversion only damages. The court will examine the nature of the defendant’s conduct. The rule applies to all personal property. The plaintiff may sue in both detinue and conversion. The principle is fundamental to tort law.