LEGAL PRINCIPLE: EVIDENCE LAW – Fraudulent Misrepresentation – Essential Ingredients
PRINCIPLE STATEMENT
First, the representation must be a statement of existing fact. Secondly, the representation must be material and unambiguous. Thirdly, the representee must show that he has acted in reliance on the misrepresentation. Where there is no representation of an existing fact it will not be necessary to proceed to consider any question of falsity.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Afegbai v. A.G., Edo State & Anor (2001) NLC-1111996(SC) at p. 5; Paras B–C.
"First, the representation must be a statement of existing fact. Secondly, the representation must be material and unambiguous. Thirdly, the representee must show that he has acted in reliance on the misrepresentation. Where there is no representation of an existing fact it will not be necessary to proceed to consider any question of falsity."
EXPLANATION / SCOPE
To establish fraudulent misrepresentation, three elements must be proved: (1) statement of existing fact (not opinion, intention, or future promise); (2) material and unambiguous; (3) representee acted in reliance on it. If there is no representation of existing fact, the inquiry ends—falsity need not be considered. Mere puffs, statements of opinion, or vague assurances do not qualify. The representation must be clear enough to be understood and relied upon. Reliance must be actual and reasonable. This framework ensures that only genuine, material misstatements of fact give rise to liability, not mere misunderstandings or non-actionable statements.