โ Meaning of cause of action
ย A cause of action is defined as the entire set of facts or circumstances giving rise to an enforceable claim. It includes a situation or state of facts which would entitle party to sustain action and give him right to seek a judicial remedy in his behalf.[1]
โ What is a reasonable cause of action
Facts do not by themselves constitute a cause of action. For a statement of claim to disclose a reasonable cause of action, it must set out the legal rights of the plaintiff and the obligation of the defendant. It must then go on to set out facts constituting infraction of plaintiffโs legal right or failure of the defendant to fulfill his obligation in such a way that if there is no proper defence, the plaintiff will succeed in the relief or remedy he seeks.[2]
A reasonable cause of action also means a cause of action with some reasonable chance of success when only the allegations in the pleadings (statement of claim) are considered. So long as the statement of claim discloses some cause of action or raises some question fit to be decided by a Judge as in this case. [3]
โ When does cause of action accrue and how to determine it
In Alhai Jibrin Hassan v Dr Muazu Babangida Aliyu and 2 others,[4]ย Onoghen JSC (as he then was) stated that, โโฆit is the accrual of the cause of action that confers on the appellant the right to institute an action to enforce the cause or action or right to a judicial relief.โ
A cause of action accrues when the event giving rise to the Plaintiffโs grouse occurs. In determining whether a cause of action arises or not, the Court will look at the Writ of Summons, the averments of the plaintiff in his statement of claim, as well as the facts and other circumstances of the case.[5] The Court does not look at the statement of Defence to determine when the cause of action accrued.[6]
[1]Aero Bell (Nig) Ltd and others v Fidelity Union Merchant Bank Ltd (2005) LPELR-11339(CA); Bello v A-G. Oyo State (1986) 5 NWLR (Pt 45) 828 at 876.
[2]Shell Petroleum Development Company Nigeria Ltd. v Nwawka (2003) 1 S. C. (Pt II) 127 at 138.
[3]Yusuf v Akindipe (2000) 8 NWLR (Pt 669) 376.
[4] (2010) LPELR โ 1357(SC) 24 โ 26 paras F-A.
[5]Matanmi v Governor Ogunย State (2004) 5 NWLR (Pt 866) 255: NNPC v Sele (2005) 5 NWLR (Pt 866) 379.
[6]Mosojo v Oyetayo (2003) 13 NWLR (pt 837) 340; Seven-Up Bottling Company v Akinware (2011) LPELR-4947(CA) 23-24 paras F-C.