detinue (2024)

FAQs

What does detinue mean in court? ›

Detinue is an action to recover the wrongful detention of goods or possessions.

Replevin allows the seizure of property by law enforcement. Detinue provides for the return of the property by the party who has it unlawfully. Detinue is useful in situations where a party has not actually stolen property but instead is still in possession of it wrongfully because they failed to pay for the goods.

Detinue is the proper remedy where the plaintiff wants a return of the specific goods in question, and not merely an assessed market value. However, where specific return of the chattel or a replacement will not be possible, an award of the current market value of the chattel is usually made to the plaintiff.

A detinue complaint asks the court to issue an order to the debtor or other person in possession to surrender the property directly to the creditor so that it is not necessary to know where the collateral is, only the location of the person in possession.

Detinue is the wrongful withholding, retention or detention of goods (chattels, movable personal property) by the defendant, in respect of which the claimant has a better title. The person detaining the chattel must do so adversely to the claimant's rights.

FILING SUIT

If the plaintiff is seeking only a money judgment, he or she should prepare and file a warrant in debt. If the plaintiff is seeking to obtain possession of specific personal property, the plaintiff should prepare and file a warrant in detinue.

A writ of detinue is a legal action used to recover personal property that has been wrongfully taken by another person. It is a common-law action that allows the plaintiff to sue for the specific restitution of their chattels, rather than just damages for their conversion.

Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.

Example Sentences

In the manor courts, actions of debt, detinue, and covenant were frequent. Detinue, the primitive remedy, retained that mark of primitive procedure.

Can a lawyer depose to an affidavit in Nigeria? ›

The Nigerian courts have not only held that a lawyer cannot depose to affidavits on behalf of his client as that would amount to a breach of ethical rules, but also that such an affidavit deposed to by a lawyer is incompetent and would be discountenanced.

A direct translation of the word Anunuebe is “birds don't perch.” The iroko cannot stand beside it. The ijikara leaves bow before its leaves. To be Igbo and not tremble at the mention of Anunuebe is to scorn the very womb that formed you.

At one point conversion only applied to claims concerning money, detinue was an equitable claim to recover wrongfully detained goods or possessions (not money, but specific performance of actual recovery—for example cattle), and trover was a legal claim to recover damages (the value of, rather than the actual return of ...

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circ*mstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in ...

A replevin action allows you to obtain a court order directing the person who is wrongfully holding your personal property to give it back to you. Replevin actions can be filed to obtain possession of vehicles, electronics, weapons, household items, and various personal belongings.

Definition of 'detenu'

1. a person deprived of liberty and kept in prison or some other form of custody as a punishment for a crime, while awaiting trial, or for some other reason.

chattel. noun. chat·​tel ˈchat-ᵊl. 1. : a piece of property (as animals, money, or goods) other than real estate.

Chattel is a catch-all category of property associated with movable goods. At common law, chattel included all property other than real property. Examples include leases, animals, and money. In modern usage, chattel usually only refers to tangible movable personal property.