What is the rule on possession and conversion?
Mere de facto possession of a chattel is enough title to sue a wrongdoer or stranger for conversion.
Must a plaintiff prove ownership to sue for conversion?
No. Possession alone is sufficient against a wrongdoer.
What does “de facto possession” mean?
Possession in fact – physically holding, using, or controlling the chattel.
Why does the law protect mere possession?
To prevent self-help and chaos. Otherwise, anyone could seize property and demand proof of ownership.
State the classic authority on possession as title.
Jefferies v Great Western Railway Co –
“Against a wrongdoer, possession is title.”
What principle did Jefferies v GWR establish?
A person in possession has good title against everyone except the true owner.
What happened in C.O.P v Oguntayo?
Police seized a vehicle from Oguntayo, arguing he couldn’t prove perfect title.
What did the Supreme Court hold in C.O.P v Oguntayo?
Since Oguntayo was in possession and the police couldn’t show better title, he could sue for conversion.
What did the Supreme Court hold in C.O.P v Oguntayo?
Since Oguntayo was in possession and the police couldn’t show better title, he could sue for conversion.
What is Jus Tertii?
A defence where the defendant claims the goods belong to a third party.
Can a wrongdoer rely on Jus Tertii?
No. A defendant can only plead Jus Tertii if acting on behalf of the true owner.
What is the hierarchy of rights in conversion?
- True Owner – highest right
- Person in Possession – right against everyone except owner
- Wrongdoer/Stranger – no rights at all
What must a plaintiff prove for conversion?
A positive act of willful interference with the chattel.
Danjuma v Union Bank?
Bank merely held documents and never refused to return them.
• No demand for the documents
• No refusal by the bank
• No hostile or inconsistent act
👉 Therefore, no conversion.
What did International Factors Ltd v Rodriguez decide?
A director who diverted cheques meant for a creditor to his company’s account committed conversion.
Difference between Danjuma and Rodriguez?
• Danjuma – no active interference → no conversion
• Rodriguez – deliberate control over goods → conversion
