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

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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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AN ILLEGALITY CANNOT BE MADE THE SUBJECT MATTER OF AN ACTION

In Langston vs. Hughes (1813) 1 M&S 593 or 12 Digest 270 at 2214, Ellenborough, C.J., held that: “What is done in contravention of the provisions of an Act of Parliament cannot be made the subject-matter of an action” cited in Bostel Bros. Ltd. vs. Hurlock (1948) 2 All E.R. 312 at 313.

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WHAT IS A CAUSE OF ACTION IN LAW

What then is a cause of action in law? Simply put a cause of action refers to those facts which show or give life to a right of action. It is the factual situation which gives a person a right of action. It is only where the claim of the Claimant does not disclose his...

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ESTOPPEL: ISSUE & CAUSE OF ACTION ESTOPPEL

Two types of Estoppel by record are:- (a) Cause of Action Estoppel – which precludes a party to an action or his agents and privies from disputing as against the other party in any subsequent proceedings, matters which had been adjudicated upon previously by a court of competent jurisdiction between him and his adversary and...

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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...

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WHAT IS A CAUSE OF ACTION?

What then is a “cause of action ? Admittedly, the term “cause of action” defies a single precise definition. However, it has been variously defined or described as a bundle or aggregate of facts which the law recognizes as giving a Plaintiff a right to claim a relief or remedy against a defendant. It is...

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DETERMINE A CAUSE OF ACTION

In OPIA v. INEC & ANOR (2014) LPELR-22185(SC) (P. 20, paras. D-F) Per GALADIMA, J.S.C, held thus: ”A cause of action is determined by reference to the plaintiff’s statement of claim. The immediate materials a Court should look at are the Writ of Summons and averments in the statement of claim.” Was this dictum helpful?...

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