A chattel is any article, good or personal property other than land and immoveable property. Examples of chattel include cars, furniture, animal, vessel, aircraft and sea craft.
A chattel is any article, good or personal property other than land and immoveable property. Examples of chattel include cars, furniture, animal, vessel, aircraft and sea craft.
The torts which make up the tort of trespass to chattel are the following:
The main difference between the tort of trespass to chattel and the torts of conversion and detinue is that there is no taking away, stealing, conversion of detention of the goods from the owner or person entitled to possession of the goods. However, there must be some act of interference, meddling, harm, injury, damage or destruction of the goods, against the desire of the owner, possessor, custodian or caretaker. Examples of the tort of trespass to chattel include taking a chattel away, throwing a chattel away in annoyance, mere asportation, scratching or making marks on the body of the chattel, using a person’s chattel without permission.
A plaintiff in an action for trespass to chattel must prove that the act of trespass to the chattel was negligent or intentional.
The following are the persons who can sue for trespass to chattel:
The defenses which may be raised in an action for trespass to chattel are:
The remedies available to a plaintiff in an action for trespass to chattel are:
Even though joint owner, trespass being an injury to possession entitles plaintiff to damages for unlawful entry and destruction of his property in the premises. Bukonla Samuel v. Sabinatu Bakare (1986) 5 CA (Pt. I) 259.