CIVIL PROCEDURE ā Cause of Action ā Reasonable Cause of Action ā Meaning and Test for Determining
Ratio Decidendi
Per Oguntade, JSC, in Chevron Nigeria Limited v. Lonestar Drilling Nigeria Limited (2007) NLC-123-170-2002(SC) at pp. 3ā4; Paras DāA:
"'Reasonable cause of action' means a cause of action with some chance of success, when (as required by paragraph (2) of the rule) only the allegations in the pleadings are considered. If when those allegations are examined it is found that the alleged cause of action is certain to fail, the statement of claim should be struck-out."
Explanation / Scope
This principle elaborates on the test for a reasonable cause of action. The court looks at the statement of claim and asks whether, assuming the facts pleaded are true, the plaintiff has a legally recognizable claim. The claim need not be strong or certain to succeed; it only needs “some chance of success.” It is only where the claim is plainly hopeless and bound to fail that it should be struck out. The court does not weigh evidence or consider the defence. The principle strikes a balance between the plaintiff’s right to access justice and the court’s duty to weed out frivolous claims.