TORT LAW — Detinue — Plaintiff Must Establish Ownership or Right to Immediate Possession
Principle Statement
A claim for detinue can succeed only if the plaintiff has established ownership in the goods, the subject matter of the alleged contract.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Martchem Industries Nigeria Ltd v. M.F. Kent West Africa Ltd (2005) NLC-1142000(SC) at p. 17; Paras A–B, citing Sodimu v. Nigeria Ports Authority (1975) NSCC 188 at 194.
"A claim for detinue can succeed only if the plaintiff has established ownership in the six cranes, the subject matter of the alleged contract."
Explanation / Scope
Detinue requires proof of ownership or right to immediate possession of the goods. Without established ownership, the claim fails. The principle applies to tort law.
