According to Kodilinye and Aluko in the Nigeria
law of tort. trespass to chattel was said to be a direct and wrongful
interference with a chattel in the possession of the plaintiff. Such interference been either intentional or
negligent.
Trespass
to chattel is any direct and unlawful interference with a chattel in the
possession of another person. It is the intentional or negligent interference
with the possession of the chattel of another person. Trespass to chattel may
take various forms such as; destroying, damaging,
throwing another person's property
away, throwing something at the chattel or merely using goods or wrongfully
moving them from one place to another, the interference must be direct and
wrongful, thus the mere touching of a chattel without causing any harm to it
may in appropriate circumstance be actionable for tort of trespass to chattel.
Like
other forms of trespass, trespass to chattel is actionable per se that is to
say without proof of actual damage. Thus where A contrary to instructions
touches an animal in a zoo, or B without authority plays with C‘s record or
tape. In all these cases the plaintiff will be entitled at least to nominal
damages. In kirk v Gregory , It was held that the movement of a deceased
person’s ring, from one room to another is a trespass to chattel and nominal
damages was awarded. Also in G w k v Dunlop
Rubber Co, it was held that removing a tyre from a car and replacing it with
another tyre was held to be a trespass .Also it is no defense in an action for
trespass to chattel that the tort was committed when carrying out the
instruction of the executive arm of the government as distinct from judicial
act. This was illustrated in the case of ajao v ashiru. Where the plaintiff’s pepper mill was seized by
the defendant and the defense of the defendant to the claim of the plaintiff
was that the pepper mill was seized by the police, the court held the defendant
liable on the grounds that the police acted at his instance in seizing the
property.
Trespass
to chattel is designed to protect the following interests in personal property.
·
One
of the interest protected is the right to retain possession of his chattel.
·
This
tort also protects the plaintiff’s interest in the physical condition.
·
Interest
in protecting the chattel against inters meddling.
THE REMEDIES FOR
TRESPASS TO CHATTEL
The
remedies available to a person whose chattel has been meddled with include the
followings:
1.
Payment
of damages
2.
Replacement
of the chattel
3.
Payment
of the market price of the chattel
4.
Repair
of the damage.