LIMITATION LAW ā Accrual of Cause of Action ā Time Begins to Run When All Material Facts Are Complete
Principle Statement
Time begins to run for filing an action when the cause of action arose: when there exists a person who can sue and another who can be sued, and when all material facts have happened to entitle the plaintiff to succeed.
Ratio Decidendi (Source)
Per Onu, JSC, in Owie v. Ighiwi (2005) NLC-123-257-2000(SC) at pp. 15ā16; Paras EāA.
"Time begins to run for the filing of an action when the cause of action arose. Time therefore, begins to run when there is in existence, a person who can sue and another who can be sued and when all the facts have happened which are material to be proved to entitle the plaintiff to succeed."
Explanation / Scope
Limitation period starts when all elements of the cause of action are complete. The plaintiff must have a right to sue and the defendant must be capable of being sued. The principle applies to limitation law.
