Judiciary-Poetry-Logo
JPoetry

DETERMINE A CAUSE OF ACTION

Dictum

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?

SHARE ON

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

Was this dictum helpful?

DETERMINATION CONFINED TO CAUSE OF ACTION

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)

Was this dictum helpful?

DETERMINING THE EXISTENCE OR NONEXISTENCE OF A CAUSE OF ACTION

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)

Was this dictum helpful?

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)

Was this dictum helpful?

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 sufficient interest in the subject matter that it must be terminated in limine by the Court if so moved by the Defendant. See Thomas v. Olufosoye (1986) 1 NSCC 321. See also AG. Federation v. AG Abia State and Ors (2001) FWLR (Pt. 64) 202 @ p. 264; Ndamzu v. Nemson Fishing Enterprises (2000) FWLR (Pt. 7) 1064 @ p. 1072.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

Was this dictum helpful?

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)

Was this dictum helpful?

No more related dictum to show.