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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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...
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...
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
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)...
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...
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...
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