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DETERMINING THE EXISTENCE OR NONEXISTENCE OF A CAUSE OF ACTION

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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)

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cause of action

ACCRUAL OF RIGHT VS CAUSE OF ACTION

That accrual of rights is not the same thing as accrual of cause of action or accrual of right of action. The implication is that an unviolated right does not confer on the holder of right, any rights of action because there is no cause of action. In my humble view therefore, right of action and cause of action can be coterminous but accrual of right per se stands alone. It follows that accrual of right under the Constitution entitles the holder of the right to call in aid the judicial powers of the Court under our statutes. It is the infringement of that right which is the cause of action and gives the holder the right of action to activate the judicial powers of the Court under Section 6 (6) (a) & (b) of the CFRN 1999 as amended.

– M. Peter-Odili, JSC. Oko v. Ebonyi State (2021)

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NATURE OF A CAUSE OF ACTION

A cause of action is that action which connotes every fact which is material to be proved before a competent Court of law to entitle the plaintiff to succeed or all those things necessary to give a right to relief in law or equity. Thus, it is the factual base or some factual situation, a continuation of which makes the matter in litigation an enforceable or an actionable wrong. Consequently, before a party files a matter in Court, he must possess a cause of action against some person(s) or institution(s). In other words, a plaintiff/claimant must show by his pleadings that he has a cause of action maintaining in a Court of law against the defendant.

– Shuaibu JCA. Diamond Bank v. Mocok (2019)

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CAUSE OF ACTION IS SET OF FACTS WHICH JUSTIFIES PLAINTIFF TO SUE

Para. 21: “A cause of action is a set of facts sufficient to justify a right to sue. It must contain a clear and concise statement of the material facts upon which the pleader relies for his claim with sufficient particularity to enable the opposite party to reply thereto. The term “cause of action” was defined in McKenzie v Farmers’ Co-operative Meat Industries Ltd 1922 AD 16 at 23 as “…”every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. It does not comprise every piece of evidence which is necessary to prove each 22 fact, but every fact which is necessary to be proved.” See also Mousa Leo Keita (2004-2009) CCJELR pg. 75 See also Afolayan V. Oba Ogunrinde & 3 ORS, (1990), 1 NWLR, (Pt. 127) 369 @ 371. SCNJ 62. Where Karibi-Whyte JSC stated that a cause of action means: ‘a) A cause of complaints; b) A civil right or obligation for the determination by a Court of law; c) A dispute in respect of which a Court of law is entitled to invoke its judicial powers to determine.’”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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CAUSE OF ACTION IS A COMBINATION OF FACTS THAT GIVES RIGHT TO SUE

Cause of action has been defined as the facts or combination of facts which give rise to a right to sue. In the case of: Afolayan v. Ogunrinde (1990)1 NWLR (Pt. 127) p. 369, the Supreme Court per Obaseki, J.S.C., (of blessed memory) held thus: In its simplest terms, I would say that a cause of action means (1) a cause of complaint; (2) a civil right or obligation fit for determination by a Court of law; (3) a dispute in respect of which a Court of law is entitled to invoke its judicial powers to determine. It consists of every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to judgment. Therefore, a cause of action is the bundle or aggregate of facts which law and equity will recognize as giving the plaintiff a substantive right to make the claim for the relief or remedy being sought. Thus, the factual situation on which the plaintiff relies to support his claim must be recognized by law and or equity as giving rise to a substantive right capable of enforcement or being claimed against the defendant. See the cases of: (1) Ogbimi v. Ololo (1993) 7 NWLR (Pt. 304) p. 128; (2) Bello v. A.-G., of Oyo State (1986) LPELR 764 and (3) Cookey v. Fombo (2005) 15 NWLR (Pt. 947) p. 182.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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JUDICIAL POWERS IS UNAVAILABLE FOR RIGHTS NOT INFRINGED

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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THE LAW FOR DETERMINING A CASE IS THE LAW AS AT THE TIME CAUSE OF ACTION AROSE

The injury complained of by the Claimant occurred on 14th July 2012. This means that the cause of action arose on that said date. By OBIUWEUBI V. CBN [2011] 7 NWLR (PT. 1247) 465 the law for determining a case is the law as at the time the cause of action arose. This means that the law for determining the instant case is the Employee’s Compensation Act 2010 which replaced the Workmen’s Compensation Act.

— E.N. Agbakoba, J. Igenoza v Unknown Defendant (2019) – NICN/ABJ/294/2014

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