LEGAL PRINCIPLE: LIMITATION LAW — Limitation of Actions — Cause of Action — Date of Accrual — Determination
PRINCIPLE STATEMENT
The cause of action arises as soon as the combination of circumstances mentioned above accrued or happened, and it is the act on the part of the defendant which gives the plaintiff his cause of complaint.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in P.N. Udoh Trading Co. Ltd v. Abere & Anor (2001) NLC-131997(SC) at p. 8; Paras A–B.
"The cause of action arises as soon as the combination of the circumstances mentioned above accrued or happened, and it is the act on the part of the defendant which gives the plaintiff his cause of complaint."
EXPLANATION / SCOPE
A cause of action accrues when all the facts giving rise to the right to sue have occurred. The triggering event is usually the defendant’s act or omission that harms the plaintiff. The date of accrual determines the start of the limitation period. The plaintiff cannot delay the accrual by failing to take action. The court examines when the plaintiff first had the right to seek judicial relief. The principle prevents plaintiffs from manipulating the limitation period. The cause of action is complete when the plaintiff suffers damage or when the defendant’s wrongful act occurs, depending on the tort or contract. The plaintiff must be diligent in filing.
