Principle Statement

Time begins to run when there exists a person who can sue and another who can be sued, and when all facts material to entitle the plaintiff to succeed have happened.

Ratio Decidendi (Source)

Per Kutigi, JSC, in NPA v. Ajobi (2006) NLC-123-402-2001(SC) at p. 5; Paras A–B.

"Time, therefore, begins to run when all there is in existence, a person who can sue and another who can be sued and when all facts have happened which are material to be proved to entitle the Plaintiff to succeed."

Explanation / Scope

Limitation runs when all material facts for the plaintiff’s success have occurred. The principle applies to limitation law.

Cases Applying This Principle