What is a "cause of action"?

"I wish to state that it has been firmly settled in a line of decided cases of what "a reasonable cause of action" means. In the case of Dr. Irene Thomas & Ors. v. The Most Rev. Olufosoye (1986) 1 NWLR (Pt.18) 669 at 682, the term was defined as a cause of action with a chance of success per Obaseki, JSC. When does a claim disclose a reasonable cause of action?

In the case of Republic of Peru v. Peruvian Guano Co. (1887) 36 Ch. 489, Chitty, J. said inter alia: "There is some difficulty in affixing a practice meaning to the term 'reasonable cause of action' used in Order XXV, rule 4 in point of law,... every cause of action, is a reasonable cause".

Now, what then is a cause of action? Lord Esher, M.R. in the A case of Read v. Brown (1888) 22 Q.B.D 128 at 131/151 stated what the term denotes or means thus: "Every fact which it would be necessary for the plaintiff to prove, if traversed in order to support his right to the judgment of the court. It does not comprise every piece of evidence which is necessary to be proved".

This court in the case of Lasisi Fadare & ors. v. Attorney-General of Oyo State (1982) 1 All NLR (Pt.1) 4 at 41 per Aniagolu, JSC, referred to the above definition. In the case of Amodu v. Dr. Amode & Kwara State College of Technology (1990) 5 NWLR (Pt.150) 356 at 367; (1990) 9 SCNJ at 8-9, cause of action, was described to mean: "all those things necessary to give a right of action whether they are to be done by the plaintiff or a third person".

The court referred to the case of Harnaman v. Smith (1855) 10 Exch. 659 at 666 - per Parker, B. See also the case of Ayanboye & 2 Ors. v. Balogun (1990) 5 NWLR (Pt.151) 392; (1990) 9 SCNJ 23 at 33."

Per OGBUAGU, J.S.C. in S.P.D.C Nig. Ltd. v. X. M. Fed. Ltd. (2006) 16 NWLR (Pt.1004) 189