LEGAL PRINCIPLE: CIVIL PROCEDURE – Cause of Action – Definition
PRINCIPLE STATEMENT
A cause of action is defined in 'Stroud's Judicial Dictionary' as the entire set of circumstances giving rise to an enforceable claim. To our mind, it is, in effect, the fact or combination of facts which give rise to a right to sue and it consists of two elements — the wrongful act of the defendant which gives the plaintiff his cause of complaint and the consequent damage.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, quoting Fatayi-Williams, JSC in Savage v. Uwaechia, in Owodunni v. Registered Trustees of Celestial Church of Christ (2000) NLC-1261995(SC) at p. 42; Paras D–E.
"A cause of action is defined in 'Stroud's Judicial Dictionary' as the entire set of circumstances giving rise to an enforceable claim. To our mind, it is, in effect, the fact or combination of facts which give rise to a right to sue and it consists of two elements — the wrongful act of the defendant which gives the plaintiff his cause of complaint and the consequent damage."
EXPLANATION / SCOPE
A cause of action comprises the entire set of facts giving rise to an enforceable claim. It has two essential elements: (1) the defendant’s wrongful act, and (2) the consequent damage suffered by the plaintiff. Without both elements, no cause of action exists. This definition ensures that claims are founded on actual wrongdoing causing harm, not mere speculative grievances. The cause of action accrues when both elements are present, triggering limitation periods and establishing the court’s jurisdiction. It defines the boundaries of the litigation.