LEGAL PRINCIPLE: CIVIL PROCEDURE — Counter-Claim — Amendment — Amendment to Introduce Fresh Cause of Action Arising After Commencement of Suit
PRINCIPLE STATEMENT
Introducing a fresh cause of action that arose after the commencement of the suit is not an amendment; it is starting a new cause of action that could not have been sued upon at the time the action was brought.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Gowon v. Ike-Okongwu & Ors (2003) NLC-6497(SC) at p. 6; Paras B–C.
"To bring in such a fresh cause of action, does not, viewed from any angle, constitute an amendment. It means what it is, that is, starting a new cause of action, and one which did not accrue, and therefore could not have been sued upon, at the time the action was brought."
EXPLANATION / SCOPE
A post-commencement cause of action cannot be introduced by amendment. The principle applies to civil procedure. The proper course is to file a fresh suit. The rule prevents circumvention of limitation periods. The court will not allow such amendments. The principle is well-established.