It is also trite that in order to ascertain the time when the cause of action accrued, for the purpose of the limitation law, the courts only looks at the writ of summons and the statement of claim which ordinarily ought to contain averments of facts as to when the wrong committed by the Defendant took place and compare it with the date when the writ of Summons was filed.
– Oseji, JCA. SIFAX v. MIGFO (2015)
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In determining the existence or non-existence of a cause of action in a suit, the Court is to consider the Writ of Summons and the statement of claim. And what distinguishes a claim which discloses cause of action from the one that does not is that where a statement of claim discloses some reasonable cause of action on the facts alleged in it, it is where the claim has some chances of success and once it raises some issues of law or fact calling for determination by the Court. Put differently, it is irrelevant to consider the weakness of the plaintiff’s claim but whether it raise some questions fit to be decided by a Court. And for a statement of claim to be said to disclose no cause of action it must be such as nobody can understand what claim he is required to meet.
– Shuaibu JCA. Diamond Bank v. Mocok (2019)
ODAFE OSERADA V. ECOWAS COUNCIL OF MINISTERS, ECOWAS PARLIAMENT & ECOWAS COMMISSION, ECW/CCJ/JUD/01/08 @ 27, the Court held that: “Generally, and from a legal standpoint, the necessity for an Applicant to provide justification of interest in a case is attested to by the adage that where there is no interest, there is no action, and also an interest is the measuring rod for an action. In other words, an application is admissible only when the applicant justifies that he brings a case before a Judge for the purposes of protecting an interest or defending an infringement of such. Such an interest must be direct, personal and certain.”
The Supreme Court in the case of A.G. OF ADAMAWA STATE & ORS v. A.G. OF THE FEDERATION (2014) LPELR-23221(SC) (P. 28, paras. C-F) Per PETER-ODILI, J.S.C, defined cause of action thus: ”The definition that has been followed on cause of action is that cause of action is the fact or facts which establish or give rise to a right of action. It is the factual situation which gives a person a right to judicial relief. Thus, when an action is said to be statute-barred, what it connotes is that the plaintiffs may have an actionable cause of action, but their recourse to judicial remedy is voided. No proceedings could be brought to prosecute the action. Muhammed v Military Administration, Plateau State (2001) 16 NWLR (Pt.740) 510 at 544 – 545; Egbe v Adefarasin (1985) 1 NWLR (Pt. 3) 1; Yusuf v C.C.B. Ltd (1994) 7 NWLR (Pt.359) 676.”
As I had earlier stated, there is a difference in accrual of right from accrual of cause of action, even though it is a very thin line of demarcation between them. When a right accrues, it is the duty of the beneficiary of that right to make moves to claim his right. When the move is made without success or a favourable response from the other party, there is nothing more to infer than that that refusal to respond is tantamount to a denial. At this point, the cause of action has accrued and is now enforceable through the instrumentality of a judicial process.
– M. Peter-Odili, JSC. Oko v. Ebonyi State (2021)
Authorities have also defined cause of action as a factual situation which a Plaintiff relies upon to support his claim, recognized by law as giving rise to a substantive right capable of being enforced against a Defendant. See Agbanelo v. Union Bank of Nigeria Ltd (2002) 4 SC (Pt. 7) 243; Adesokan v. Adegoloru (1997) 3 NWLR (Pt. 493) 61; Emiator v. Nigerian Army (1999) 12 NWLR (Pt. 631) 362; Akande v. Adisa (2004) All FWLR (Pt. 236) 413.
– Oseji, JCA. SIFAX v. MIGFO (2015)
It is only when the civil rights and obligations of a person fall for determination because of infringement or incursion by another person or authority, the Courts of the country have a right of adjudication. That is to say, in the face of accrued rights which had not been violated, tampered with or alleged to be violated or tampered with, the judicial powers of the Courts of Nigeria remain latent in the face of naked accrued rights.
– M. Peter-Odili, JSC. Oko v. Ebonyi State (2021)
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