STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

WHAT IS A CAUSE OF ACTION?

Reach more audience. Place advert here.

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)

Was this dictum helpful?

SHARE ON

cause of action

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?

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)

Was this dictum helpful?

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)

Was this dictum helpful?

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 involving same issue. (b) Issue Estoppel which precludes a party his servant, agent or privy from re-opening or relitigating as against the other party or his agents and privies in any subsequent proceedings, issues which were distinctly raised in a cause of action and appropriately resolved or determined in any suit between the parties in a court of competent jurisdiction.

– ADEKEYE, JCA. NOGA v. NICON (2007)

Was this dictum helpful?

ACCRUAL OF RIGHT VS ACCRUAL OF CAUSE 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 is made without success or a favourable response from the other party, there is nothing more to infer than that that refusal to respond is tantamount to a denial. At this point, the cause of action has accrued and is now enforceable through the instrumentality of a judicial process.

– M. Peter-Odili, JSC. Oko v. Ebonyi State (2021)

Was this dictum helpful?

DEFINITION OF CAUSE OF ACTION

The Supreme Court in the case of A.G. OF ADAMAWA STATE & ORS v. A.G. OF THE FEDERATION (2014) LPELR-23221(SC) (P. 28, paras. C-F) Per PETER-ODILI, J.S.C, defined cause of action thus: ”The definition that has been followed on cause of action is that cause of action is the fact or facts which establish or give rise to a right of action. It is the factual situation which gives a person a right to judicial relief. Thus, when an action is said to be statute-barred, what it connotes is that the plaintiffs may have an actionable cause of action, but their recourse to judicial remedy is voided. No proceedings could be brought to prosecute the action. Muhammed v Military Administration, Plateau State (2001) 16 NWLR (Pt.740) 510 at 544 – 545; Egbe v Adefarasin (1985) 1 NWLR (Pt. 3) 1; Yusuf v C.C.B. Ltd (1994) 7 NWLR (Pt.359) 676.”

Was this dictum helpful?

No more related dictum to show.