CAUSE OF ACTION

• Date: 24 January 2019

(1) "A cause of action has been simply described thus by Ejiwunmi J.S.C. "The term "cause of action" means all those things necessary to give a right of action whether they are to be done by the plaintiff or a third person "...Cause of action" has been held from the earliest time to mean every fact which is material to be proved to entitle the plaintiff to succeed every fact which the defendant would have a right to traverse." See Ikine v. Edjerode (2001) 8 N.S.C.Q.L.R. 341 at page 354; (2001) 18 N.W.L.R. (Pt. 745) 446." - Per Oyewole, J.C.A., in Akwa Ibom State University v. Ikpe Suit No. CA/C/20/2012; (2016) 5 N.W.L.R. (Pt.1504) 146 at 162.

(2) "In the case of Kolo v. F.B.N. Plc. (2003) 3 N.W.L.R. (Pt. 806) 216 p. 232 paras. F-G this Court held thus: - "Cause of action means the factual situation stated by the plaintiff, which if substantiated, entitles him to remedy against the defendant and this includes various events which may have occurred or circumstances and facts which had arisen over time which would when complete, constitute the cause of action. Where the events and circumstances are not complete, no cause of action would accrue." Briefly put, it is the factual situation which gives a person an entitlement or right to judicial relief. See Egbe v. Adefarasin (No. 2) (1987) 1 N.W.L.R. (Pt. 47) 1." - Per Oredola, J.C.A., in Jukok Int’l Ltd. v. Diamond Bank Plc. Suit No. CA/E/146/2009; (2016) 6 N.W.L.R. (Pt. 1507) 55 at 93.

(3) "A cause of action is the entire set of facts or circumstance giving rise to an enforceable claim. It includes all those things necessary to give right of action and every fact which is material to be proved to entitle the plaintiff to succeed. Emiator v. Nigerian Army (1999) 12 N.W.L.R. (Pt. 631) 362; Sani v. President, F.R.N. (2010) 9 N.W.L.R. (Pt. 1198) 153." - Per Pemu, J.C.A., in Ezeani v. Nigerian Railway Corporation Suit No. CA/L/344/2011; (2015) 3 N.W.L.R. (Pt. 1445) 139 at 160.

(4) "In Egbe v. Adefarasin (No. 2) (1987) 1 N.W.L.R. (Pt. 47) 1, a cause of action is referred to as the factual situation giving rise to the claim. Also, in Bello v. Attorney- General of Oyo State (1986) 5 N.W.L.R. (Pt. 45) 828 @ 876 "such factual claim must be recognized by the law as giving rise to a substantive right capable of being claimed against the defendant." - Per Denton-West, J.C.A., in Victor v. F.U.T.A. Suit No. CA/AK/39/13; (2015) 4 N.W.L.R. (Pt. 1448) 1 at 58.

(5) "On locus classicus case on statute barred. See Egbe v. Adefarasin (1987) 1 N.W.L.R. (Pt. 47) 1. P 20, paras. D-E where a cause of action is defined as follows: "The fact or facts which established or gives rise to a right of action. It is the factual situation which gives a person a right to judicial relief. A cause of action is to be distinguished from a right of action. A right of action is the right to enforce presently a cause of action. In other words, a cause of action is the operative fact or facts (the factual situation) which gives rise to a right of action which itself is a remedial right" See also P. N. Udoh Trading Company Limited v. Abere (2001) 11 N.W.L.R. (Pt. 723) page 114 at 129. A cause of action is an aggregate of facts and circumstances giving rise to the right to file a claim in Court for a remedy. What then is the cause of action in the respondents’ claim as per the Originating summons? See Asaboro v. Pan Ocean Oil (Nig.) Ltd. (2006) 4 N.W.L.R. (Pt. 971) 595 C.A." - Per Nwodo, J.C.A., in S.P.D.C.N. Ltd. v. Ajuwa Suit No. CA/A/209/2006; (2015) 14 N.W.L.R. (Pt. 1480) 403 at 473 - 474.

(6) "The apex Court, per KALGO, J.S.C., in the case of P. N. Uddoh Trading Co. Ltd. v. Abere (supra) at page 72, lines 10-12 (2001) 11 N.W.L.R. (Pt. 723) 114 at 129, paras. B-C had this to say: "What then is the cause of action and when does it arise? Cause of action has been defined by Courts to mean a combination of facts and circumstances giving rise to the right to file a claim in Court for remedy. It includes all those things which are necessary to give a right of action and every material fact which has to be proved to entitle the plaintiff to succeed. See Patkun Ind. Ltd. v. Niger Shoes Ltd. (1988) 12 S.C. (Pt. 11) 1 or (1988) 5 N.W.L.R. (Pt. 93) 138; Ibrahim v. Osim (1987) 4 N.W.L.R. (Pt. 67) 965; and Bello v. A.-G., Oyo State (1986) 5 N.W.L.R. (Pt. 45) 828. The cause of action arises as soon as the combination of the circumstances mentioned above accrued or happened and it is the act on the part of the defendant which gives the plaintiff his cause of complaint." (Italics mine). It seems to me that in determining when a cause of action has accrued that the intending plaintiff shall have surveyed and or availed himself of all the facts that would support his claim if eventually the matter goes to Court. This is a situation which to my mind calls for the plugging of all possible loopholes in the facts leading to the case of the plaintiff." - Per Jombo-Ofo, J.C.A., in Victor v. F.U.T.A. Suit No. CA/AK/39/13; (2015) 4 N.W.L.R. (Pt. 1448) 1 at 50.

(7) "The law is settled now about the judicial meaning or definition of what a cause of an action is in law. Simply put, a cause of action is a fact or combination of facts which when proved would entitle a plaintiff to a remedy against a defendant. See: Egbue v. Araka (1988) 3 N.W.L.R. (Pt. 84) 598; Thomas v. Olufosoye (1986) 1 N.W.L.R. (Pt. 18) 669; Akilu v. Fawehinmi (No.2) (1989) 2 N.W.L.R. (Pt. 102) 122; Oshoboja v. Amuda (1992) 6 N.W.L.R. (Pt. 250) 690." - Per Garba, J.C.A., in Archianga v. A.-G., Akwa Ibom State Suit No. CA/C/187/2011; (2015) 6 N.W.L.R. (Pt. 1454) 1 at 60.

(8) "The phrase "cause of action" is a combination of facts and circumstances giving rise to the right to file a claim for a remedy in Court. It includes every material fact which is necessary to the proved to entitle the plaintiff to succeed." - Per Ogunwumiju, J.C.A., in B.E.D.C. Plc v. Esealuka Suit No. CA/B/369/2009; (2015) 2 N.W.L.R. (Pt. 1444) 411 at 433.

(9) "Various definition of ‘cause of action’ were proffered by both appellant and the 1st & 2nd respondents. Diplock LJ in Letang v. Cooper (1965) 1 Q.B. 222 @ 242 to 243 said "There words have been defined as meaning ‘simply a factual situation the existence of which entitles one person to obtain from the Court a remedy against another person." - Per Iyizoba, J.C.A., in Aig-Imoukhuede v. Ubah Suit No. CA/L/ 199/2013; (2015) 8 N.W.L.R. (Pt. 1462) 399 at 435.

(10) "The apex Court, in Egbe v. Adefarasin (No. 2) (1987) 1 N.W.L.R. (Pt. 47) 1, per Oputa, J.S.C. at page 20, para. D defined cause of action as follows: "... 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 a judicial relief." A cause of action therefore is the entire set of circumstances giving rise to an enforceable claim. It is a fact or combination of facts which gives rise to a right to sue and it consists of the wrongful act of the defendant which gives the plaintiff his right of action and the consequent damage. See Omotayo v. NRC (1992) 7 N.W.L.R. (Pt. 254) 471 at 482-483; Bello & Ors. v. A.G. Oyo State (1986) 5 N.W.L.R. (Pt. 45) 828 at 876; GMBH v. Rivway Lines (1998) 58 L.R.C.N. 3485 at 3501-3502 reported as Rhein Mass Und. See GMBH v. Rivway Lines Ltd. (1998) 5 N.W.L.R. (Pt. 549) 265; Adimora v. Ajufo (1988) 3 N.W.L.R. (Pt. 80) 1 at 17; Adesokan v. Adegorolu (1997) 3 N.W.L.R. (Pt. 493) 261; Amede v. UBA (2008) 8 N.W.L.R. (Pt. 1090) 623: Nicon Ins. Corp. v. Olowofoyeku (2006) 5 N.W.L.R. (Pt 973) 244." - Per Jauro, J.C.A., in J.K.K. Ltd. v. Gov., Lagos State Suit No. CA/L/637/2008; (2014) 5 N.W.L.R. (Pt. 1399) 151 at 166 - 167.

(11) "A cause of action consists of every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to judgment. It is a bundle or aggregate of facts, which the law will recognize as giving the plaintiff a substantive right to make a claim against the relief or remedy being sought. The factual situation on which the plaintiff relies to support his claim must be recognized by law as giving rise to a substantive right capable of being claimed or enforced against the defendant. A cause of action is therefore determined by the statement of claim and the averments therein. See, Ajayi v. Military Administrator, Ondo State (1997) 5 N.W.L.R. (Pt.504) page 237; Otubu v. Omotayo (1995) 6 N.W.L.R. (Pt.400) page 247 and Oloriode v. Oyebi (1984) 1 S.C.N.L.R. 390." - Per Uwa, J.C.A., in Olagbenro v. Olayiwola Suit No. CA/I/98/09; (2014) 17 N.W.L.R. (Pt. 1436) 313 at 369 - 370.

(12) "A cause of action has been defined as consisting of, every fact which would be necessary for the plaintiff to prove if traversed, in order to support his right to a favourable judgment. See Adimora v. Ajufo (1988) 3 N.W.L.R. (Pt. 80) 1. Put differently, it is the factual situation stated by the plaintiff, which, if substantiated entitles him to a remedy against the defendant. See Egbe v. Adefarasin (No. 2) (1987) 1 N.W.L.R. (Pt. 47) 1." - Per Oredola, J.C.A., in Plateau Const. Ltd. v. Aware Suit No. CA/J/281/2008; (2014) 6 N.W.L.R. (Pt. 1404) 519 at 539.

(13) "A cause of action is a group of operative facts giving rise to one or more basis for suing. It is a factual situation that normally entitles a person to seek and obtain a remedy in Court from another person. It is an established principle, that for a cause of action to exist, the facts relied upon by the claimant must be recognizable by law as giving rise to a sustentative right or remedy capable of being enforced against the defendant. See Takum Local Govt. v. U.C.B. (Nig.) Ltd. (2003) 16 N.W.L.R. (Pt. 846) 288 at 300 D - F; Afolayan v. Ogunrinde (1990) 1 N.W.L.R. (Pt. 127) 369 at 382 - 383 H - A." - Per Saulawa, J.C.A., in Dada v. Sikuade Suit No. CA/L/634/ 2010; (2014) 17 N.W.L.R. (Pt. 1435) 72 at 116.

(14) "A cause of action means a factual situation the existence of which entitles one...