REASONABLE CAUSE OF ACTION

• Date: 06 February 2019

(1) "A reasonable cause of action is a cause of action with some chance of success. A reasonable cause of action is a good cause of action; a cause of action which is valid and sustainable in law. A reasonable cause of action need not invariably succeed. There should however be good chances of success on the face of the claim and the pleadings." - Per Tobi, J.C.A., in Sodipo v. Lemminkainen OY Suit No. CA/L/70/ 89; (1992) 8 N.W.L.R. (Pt. 258) 229 at 242.

(2) "The phrase comprises every fact which is material to be proved to enable the plaintiff to succeed, it means a factual situation, the existence of which entitles the plaintiff to obtain from the Court a remedy against the defendant, it means the plaintiff has some chance of success when the allegations in the pleadings are considered, notwithstanding the fact that the case may be weak or unlikely to succeed. See Thomas v. Olufosoye (1986) 1 N.W.L.R. (Pt.18) 669." - Per Sulu-Gambari, J.C.A., in Panache Communications Ltd. v. Aikhomu Suit No. CA/L/92/91; (1994) 2 N.W.L.R. (Pt. 327) 420 at 434.

(3) "In the case of The Attorney-General of Abia State v. Attorney-General of the Federation & Ors. (2005) 6 S.C.N.J. 1; (2005) 12 N.W.L.R. (Pt. 940) 452, Uwais, C.J.N., held for a statement of claim to disclose a reasonable cause of action it must disclose a dispute with the defendant. See also Wenlock v. Moloney (1965) 2 All E.R. 871." - Per Muntaka-Coomassie, J.C.A., in Oni v. Igbalajobi Suit No. CA/IL/ M.40/2004; (2006) 9 N.W.L.R. (Pt. 984) 180 at 187.

(4) "In Chief Dr. Irene Thomas & Ors. v. The Most Reverend T.O. Olufosoye (1986) All N.L.R. 261 at 273, (1986) 1 N.W.L.R. (Pt. 18) 669 at 682 - 683, this Court observed: "What then, do the phrase ‘No reasonable cause of action’ mean? There is some difficulty in giving a precise meaning to this term. In point of law, every cause of action is a reasonable one (See Per Chitty J in Rep of Peru v. Peruvian Guano Co. 35 Ch.D p. 495, Lord Pearson in Drummond-Jackson v. British Medical Association (1971) 1 W.L.R. 688; (1970) 1 All E.R. 1094 C.A. defined ‘a reasonable cause of action’ as meaning a cause of action with some chance of success when only the allegations in the pleading are considered. The practice is clear. So long as the statement of claim or the particulars disclose some cause of action or raise some question fit to be decided by a Judge or Jury, the mere fact that the case is weak and not likely to succeed is no ground for striking it out (...