London And Northern Trading Co. (Nigeria) Ltd. V. Albert A. Sanyaolu (1952)

LawGlobal Hub Judgment Report – West African Court of Appeal

Tort—Detention of another’s goods—Goods seized by Police later.

Facts

The Company advanced money to the respondent for a lorry, which he used in transporting logs for them. He wrote to say, when given the advance, that the lorry would be under hen to the Company until repayment. The Company seized the lorry without his consent (it had a log on, etc., but this is not material to this note): the Company thought, mistakenly, that it had the right to seize the lorry, and refused to return it.

The respondent as plaintiff sued for the return of the lorry or its value (and for other damages). Between the issue of the writ and the filing of the plaintiff’s statement of Claim the police, acting under a Magistrate’s order, seized the lorry from the Company’s hands in connexion with a charge against the plaintiff: (the police would have seized it equally if it had been in the plaintiff’s hands).

The Company’s defence did not claim ownership of the lorry; it mentioned that it had been taken by the police. The trial Judge ordered the Company to return the lorry or pay its value. The Company appealed.

Held

The lorry had ceased to be in the Company’s possession through no voluntary or wrongful act of the Company, and it was consequently a mistake to order the Company to return the lorry or pay its value.

Appeal allowed on one point.