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August 21, 2019 8:51 pm
"The question of what constitutes a cause of action has been answered in seemingly endless judicial decisions. In Egbe vs. Adefarasin (1987) 1 NWLR (Pt. 47); (1987) LPELR-1032 (SC) Pg. 32, Paras. D - E, the Supreme Court of Nigeria per OPUTA, JSC (of blessed memory) held that: "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 give rise to a right of action which itself is a remedial right." See also Cookey vs. Fombo & Anor (2005) 15 NWLR (Pt. 947) 182; (2005) LPELR-895 (SC) Pg. 19 - 20, Paras. F - A where Edozie, JSC held that:
A cause of action is the bundle or aggregate of facts, which the law will recognize as giving the plaintiff right to make the claim for the relief or remedy being sought. Thus, the factual situation on which the plaintiff relied to support his claim must be recognized by law as giving rise to a substantive right capable of enforcement or being claimed against the defendant…"
Similarly, in PDP vs. Ekeagbara & Ors (2016) LPELR-40849 (CA) Pg. 22-23, Para. E – D, this Court held that:
...a cause of action has been defined as the entire set of circumstances giving rise to enforceable claim. It is in effect, the fact or combination of facts which gives rise to a right to sue…
A cause of action is a set of facts, distinct from the evidence averred in the statement of claim, which the plaintiff must prove to support his right to the judgment of the Court. In other words, a cause of action consists of every, which the plaintiff must prove, if traversed, in order to support his claim for judgment…
See: also Atiba Iyalamu Savings & Loans Ltd vs. Suberu & Anor (2018) LPELR-44069 (SC) Pg. 43-45, Para. F – B where Kekere-Ekun, JSC relied on the earlier decision of the Supreme Court in Bello vs. Oyo State (1986) 5 NWLR (Pt. 45) 828 at 876, Paras. A – B where it was held that:
"… a cause of action is constituted by the bundle or aggregate of facts which the law will recognize as giving the plaintiff a substantive right to make the claim against the relief or remedy being sought. Thus, 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. In other words, the factual situation relied upon must constitute the essential ingredients of an enforceable right or claim. By PER T. ABUBAKAR, J.C.A. in the case of MR. EHIGIE ODIGIE OSIMEN V ZENITH BANK PLC & ORS
APPEAL NO: CA/L/976/2016
APPEAL NO: CA/L/976/2016
