CIVIL PROCEDURE — Cause of Action — Essential Ingredients — Wrongful Act of Defendant and Consequential Damage
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Chevron Nigeria Limited v. Lonestar Drilling Nigeria Limited (2007) NLC-123-170-2002(SC) at pp. 23–24; Paras D–A:
"The proposition resolves into two crucial factors thus: - the defendant's wrongful act and the consequential damage to the plaintiff. These two factors must co-exist to constitute a cause of action before the court. It does not take account of whether the cause of action will succeed or fail. A cause of action is valid irrespective of the strength or weakness of the plaintiff's case."
Explanation / Scope
A cause of action is the factual situation that gives a person the right to seek judicial relief. It arises when the defendant’s act or omission infringes the plaintiff’s legal right, causing injury or damage. The existence of a cause of action is determined at the time of the wrongful act, not at trial. The strength or weakness of the evidence does not affect its existence. The principle ensures that plaintiffs with arguable claims are not shut out at the earliest stage and that the court does not pre-judge the merits of the case.