MATERIAL FACT FOR THE PURPOSE OF ASCERTAINING CAUSE OF ACTION

• Date: 06 February 2019

(1) "By virtue of the provisions of section 9(3) and (4) of the Limitation Law, an injured party who seeks to come within that provision must prove that the material facts relating to the cause of action were at all times outside his knowledge (actual or constructive) until a date which either was after the end of three-year period relating to that cause of action or was not earlier than twelve months before the end of that period; and also either case was a date not earlier then twelve months before the date on which the action were brought. The operative words in the section are the phrases "material facts" and "cause of action". "Cause of action" has been judicially interpreted as factual situation, stated by the plaintiff, which if substantiated entitles him to a remedy against the defendant. See: Egbe v. Adefarasin (supra) and F.B.N. v. Karusta-Akporido (1996) 8 N.W.L.R. (Pt. 469) 755. The definition of "Material Facts’ given in the Black’s Law Dictionary is one which is essential to the case and without which it could not be supported. In other words, that which tends to establish any of the issues raised. In the instant case the cause of action is the personal injury or injuries that resulted from the accident that occurred on 9/4/94; the material facts in this case connotes no more than surrounding facts, circumstances or account of the accident as are necessary to be given in evidence by the respondent to successfully prove or establish her cause of action or claim." - Per Galadima, J.C.A., in W.A.P.C. Plc. v. Adeyeri Suit No. CA/L/400/99; (2003) 12 N.W.L.R. (Pt. 835) 517 at 533.

(2) "Firstly, the view of the learned trial Judge about pleading is, with respect, woolly and a serious misdirection on a document so vital to the justice of the case. On a point of clarification, as a general rule, a party pleads only ‘material facts’ defined by Bullen & Leake & Jacob, 12th Edition, 1975, page 36, as facts ‘necessary for the purpose of formulating a complete cause of action’ but does not include facts which tend to prove the fact in issue. See also Eso West Africa Inc. v. Oladiti (1968) N.M.L.R. 453." - Per Olagunju, J.C.A., in Orjiekwe v. Orjiekwe Suit No. CA/E/67/ 97; (2002) 6 N.W.L.R (Pt. 762) 31 at 53 - 54.

(3) "In Okagbue v. Romaine (1982) 5 S.C. 133, light was thrown on the intricacies about material facts that must be pleaded and other ancillary facts appertaining to proof which are not necessary to be pleaded. The Supreme Court, p...