TORT LAW ā Detinue ā Measure of Damages ā Value Assessed as at Date of Judgment
Principle Statement
In an action of detinue, the value of the goods claimed but not returned ought to be assessed as at the date of the judgment or verdict. A plaintiff suing in detinue is entitled to claim, in the absence of a return of the property, the market price at the time of the judgment; thus any rise in the market price between detention and judgment is at the risk of the defendant.
Ratio Decidendi (Source)
Per Uwais, JSC (as he then was), adopted by Onnoghen, JSC, in Civil Design Construction Nig. Ltd v. SCOA Nigeria Limited (2007) NLC-123-216-2001(SC) at pp. 22ā23; Paras DāB.
"In an action of detinue the value of the goods claimed but not returned ought, in our judgment, to be assessed as at the date of the judgment or verdict ā¦ a plaintiff suing in detinue is entitled to claim, in the absence of a return of the property, the market price at the time of the judgment; thus any rise in the market price between detention and judgment is at the risk of the defendant."
Explanation / Scope
In an action for detinue, damages are assessed at the value of the goods as at the date of judgment, not at the date of detention. This puts the risk of any increase in market value on the defendant, who has wrongfully withheld the goods. The rule ensures the plaintiff receives full compensation for the loss. It encourages defendants to return goods promptly.
