ASCERTAIN WHEN CAUSE OF ACTION ACCRUED

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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DEFINITION OF CAUSE OF ACTION

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)

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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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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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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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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)

DETERMINATION CONFINED TO CAUSE OF ACTION

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ASCERTAIN WHEN CAUSE OF ACTION ACCRUED

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DEFINITION OF CAUSE OF ACTION

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JUDICIAL POWERS IS UNAVAILABLE FOR RIGHTS NOT INFRINGED

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AN ILLEGALITY CANNOT BE MADE THE SUBJECT MATTER OF AN ACTION

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

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

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