UNIT 2

ASSAULT AS TRESPASS TO PERSON

Assault is an act which causes another person to apprehend the infliction of immediate, unlawful force on their person. It is important to note that assault is about the fear or apprehension of harm, not the actual physical contact. See the case of Akinola v. Fatoyinbo (1941) 7 WACA 137 which established that the mere apprehension of immediate physical contact is sufficient for assault, even if no physical contact occurs and the case of Adeoye v. State (1999) 9 NWLR (Pt. 619) 12 where the court held that for an act to constitute assault, it must be an overt act that creates a reasonable apprehension in the mind of the person assaulted. See also the Criminal Code Act, Cap C38 LFN 2004 under section 252 which defines assault and outlines the elements required to establish it. The element of assault includes the following;

1. Intentional act: this is where the defendant must have intended the act which causes the apprehension of harm.
2. Apprehension of immediate harm: this is where the claimant must reasonably apprehend that the harm is imminent.
3. Unlawfulness: this is where the threat of harm must be unlawful.

BATTERY AS TRESPASS TO PERSON

Battery involves the actual infliction of unlawful force on another person. It is a physical act which results in harmful or offensive contact with another's person without consent. See the case of Eke v. State (2011) 3 NWLR (Pt. 1235) 589 which confirmed that battery is actionable per se and does not require proof of harm or injury and the case of Ojo v. Gharoro (2006) 10 NWLR (Pt. 987) 173 where the court held that any intentional and direct application of force to another person constitutes battery. See also the Criminal Code Act, Cap C38 LFN 2004 under section 351 which provides for the offence of battery and outlines its punishments. The elements of battery includes the following;

1. Intentional act: this is where the defendant must have intended the contact.
2. Harmful or offensive contact: this is where the contact must be harmful or offensive.
3. Lack of consent: this is where the contact must occur without the consent of the claimant.

FALSE IMPRISONMENT AND INTENTIONAL HARM TO THE PERSON

False imprisonment is the unlawful restraint of a person against their will. It involves complete deprivation of the claimant's liberty for any period, however short. See the case of Ejabulor v. Osha (1990) 5 NWLR (Pt. 148) 1 where the court held that any form of restraint without lawful justification constitutes false imprisonment and the case of Agbakoba v. SSS (1994) 6 NWLR (Pt. 351) 475 which established that even a short period of unlawful detention is actionable. See also the Criminal Code Act, Cap C38 LFN 2004 under section 365 which outlines the offence of false imprisonment. The element of false imprisonment includes the following;

1. Intentional act: this is where the defendant must have intended the confinement.
2. Total restraint: this is where there must be a complete restriction of the claimant's freedom of movement.
3. Lack of lawful justification: this is where the confinement must be without legal justification.

TRESPASS TO CHATTELS

Trespass to chattels involves the intentional interference with the claimant's lawful possession of a movable item. See the case of Nigerian Airways Ltd. v. Otutuizu (1995) 8 NWLR (Pt. 416) 477 which emphasized that any unauthorized interference with a person’s chattel constitutes trespass and the case of Aminu v. Nigerian Newsprint Manufacturing Co. Ltd. (2009) 2 NWLR (Pt. 1125) 337 where the court held that damage or loss resulting from the interference is not necessary to establish trespass to chattels. The elements of trespass to chattels includes the following;

1. Intentional act: this is where the defendant must have intentionally interfered with the chattel.
2. Interference: this is where there must be direct physical interference with the chattel.
3. Possession: this is where the claimant must have had possession of the chattel at the time of interference.

CONVERSION

Conversion is the wrongful exercise of dominion over another's property, inconsistent with the owner's rights. See the case of Afribank Nigeria Plc v. Onyima (2004) 2 NWLR (Pt. 858) 654 where the court held that conversion occurs when there is an unauthorized act depriving the owner of their use or possession and the case of Olawunmi v. Mohammed (1991) 4 NWLR (Pt. 186) 516 which established that conversion can occur even without a sale or destruction of the chattel. See also the Sale of Goods Act 1893 which is applicable in Nigeria, and governs aspects of conversion related to goods. The elements of conversion includes the following;

1. Intentional act: this is where the defendant must have intentionally exercised control over the chattel.
2. Dominion over property: this is where the act must constitute an assumption of the right to control the property.
3. Inconsistency with owner’s rights: this is where the act must be inconsistent with the rights of the owner.

DETINUE

Detinue is the wrongful detention of the claimant's chattel, where the defendant refuses to return it upon request. See the case of Ihenacho v. Uzochukwu (1997) 2 NWLR (Pt. 487) 257 which established that detinue is committed when a person unlawfully retains possession of another's chattel and the case of Giwa v. Awoniyi (1991) 3 NWLR (Pt. 178) 33 where the court held that the refusal to return the chattel upon demand is the key element in detinue. See also the Sale of Goods Act 1893 which provided applicable provisions related to the wrongful detention of goods may also be relevant in cases of detinue.
The elements of detinue includes the following;

1. Possession of chattel: this is where the defendant must have possession of the chattel.
2. Demand for return: this is where the claimant must have demanded the return of the chattel.
3. Refusal to return: this is where the defendant must refuse to return the chattel.

CONCLUSION

These notes provide a comprehensive understanding of the various trespasses to the person and property, supported by relevant Nigerian case law and statutory provisions.