LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – What Constitutes an Issue – Distinction Between Material Facts and Subordinate Facts
PRINCIPLE STATEMENT
In every litigation a number of issues of fact may arise but unless they have a bearing on the principal question for determination they certainly do not by themselves or together form 'an issue' in the sense in which the expression is used. It is not every issue of fact raised on the pleadings and which although 'in issue' that is 'an issue'.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eke & Ors v. Okwaranyia & Ors (2001) NLC-151996(SC) at pp. 16–17; Paras D–A.
"In every litigation a number of issues of fact may arise but unless they have a bearing on the principal question for determination they certainly do not by themselves or together form 'an issue' in the sense in which the expression is used. It is not every issue of fact raised on the pleadings and which although 'in issue' that is 'an issue'."
EXPLANATION / SCOPE
Not every factual dispute raised in pleadings constitutes “an issue” for trial. To be an issue, the fact must have a bearing on the principal question for determination. Subordinate or collateral facts, even if disputed, do not form issues in the legal sense. The distinction prevents trials from being sidetracked by irrelevant or minor factual disputes. The court focuses on the material facts that determine the outcome. The expression “issue” is reserved for disputes that go to the substance of the case. The principle promotes efficient litigation by narrowing the scope of trial. The court identifies the real controversies. Parties cannot force trial on every pleaded fact. The judge has power to limit evidence to material issues.
