CRITICAL APPRAISAL OF TORT OF TRESPASS TO GOODS AND CHATTELS IN NIGERIAN LAW

Abstract

This paper presents a critical examination of the concept of trespass to goods and chattels under Nigerian law. Trespass to goods, as a tortious wrong, protects possessory interests in personal property against unlawful interference, conversion, or damage. The study traces the historical evolution of the tort from the English common law tradition, upon which Nigerian jurisprudence is heavily predicated, and evaluates its adaptation within Nigeria’s legal framework. It interrogates the constituent elements of the tort—possession, wrongful interference, and intention—while distinguishing it from related torts such as detinue and conversion. Furthermore, the paper critiques the adequacy of existing legal remedies and judicial approaches in addressing contemporary issues such as digital property, motor vehicle disputes, and governmental seizure of goods. Through analysis of case law and statutory provisions, it is argued that the current legal position, though functional, remains conceptually narrow and outdated in dealing with emerging forms of property and technological realities. The paper concludes by advocating for doctrinal reform and legislative modernization to ensure that the law on trespass to goods and chattels remains responsive to modern commercial and social developments in Nigeria.