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CAUSE OF ACTION - DEFINITION OF CAUSE OF ACTION

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“A cause of action is defined in Stroud's Judicial Dictionary as the entire set of circumstances giving rise to an unforceable claim. In determining the cause of action or right to sue, the court will rely on the Statement of claim filed by the Claimants to determine their standing. See Sokoto Native Authority (1968) l ALL NLR 377 where the definition in Read Vs Brown (1888) 22 QBD. 128 (C. A.). The court must therefore confine itself only to the averments in the statement of claim in the assessment of whether or not the plaintiff has a locus to sue. See Shell B. P. Petroleum Development Co., Of Nigeria Ltd. & Anors. Vs Onasanya (176) 6 S. C. 89, at 94.

 

PER,S.D.BAGE,J.S.C CHIDI B.NWORIKA VS MRS.ANN ONONEZE-MADU & ORS; LegalpediaElectronic Citation: LER [2019]SC.307/2008

This topic was modified 5 years ago by Anonymous

   
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