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DETERMINATION CONFINED TO CAUSE OF ACTION

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It must be borne in mind, the settled principle that the hearing and determination of any cause or matter must be confined to the cause of action and the issues raised on the pleadings.

– Ejinwunmi JSC. Awoniyi v. AMORC (2000)

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cause of action

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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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.”

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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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INTEREST IS THE MEASURING ROD FOR A CAUSE OF ACTION – (ECOWAS Court)

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.”

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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 thus, a factual situation which gives a person a right to judicial remedy. It is the operative fact or factual situation which gives rise to a right of action which itself is a remedial right EGBE Vs. ADEFARASIN (1987) 1 SC at 34 36. Cause of action may be defined as; (i) a cause of complaint; (ii) a civil right or obligation by a Court of Law; (iii) a dispute in respect of which a Court of Law is entitled to invoke its judicial powers to determine; (iv) consequent damages; See A. G. F. VS ABUBAKAR (2007) 10 NWLR (Pt1047) 1 SC MOBIL OIL PLC VS DENR (2004) 1 NWLR (Pt 853) 142. Thus, the words “cause of action” comprises every fact which would be necessary for the Plaintiff to prove, if traversed to support his right to the Judgment of the Court READ VS. BROWN (1882) 22 4 BD. it is all those things necessary to give a right of action whether they are to be done by the Plaintiff or a 3rd party. per Agbaje JSC in E. O. Amodu vs. Dr J, O, Amode & 4 Ors ( 1 990) 9 SCNJ 1, at 9 . It has also been defined simply as “a factual situation” the existence of which entitles one person to obtain from the Court a remedy against another THOMAS vs OLUFOSOYE (1996) 1 NWLR (pt 18) 6691 per Obaseki JSC.

— A.A. Wambai, JCA. Skye Bank v. Haruna & Ors. (CA/K/264/2011, 17th December, 2014)

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WHAT IS A CAUSE OF ACTION?

Literally, the noun ’cause’ simply means to bring about or effect. A ’cause of action’ invariably denotes a combination (group) of operative facts thereby resulting in one or more bases for suing. In a sense, a cause of action is a factual situation that entitles one person to a remedy in Court from another person. An action brought outside the prescribed period offends against the provision of the section and does not give rise to a cause of action. A cause of action means the factual situation stated by the Plaintiff, if substantiated, entitle him to a remedy against the defendant.

– Saulawa, JSC. Oko v. Ebonyi State (2021)

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