LIMITATION LAW — Distinction Between Cause of Action and Right of Action — Effect of Statute of Limitation
Principle Statement
The effect of a statute of limitation, such as the provisions of section 2(a) of the Public Officers Protection Act, on both cause of action and right of action is that it bars the right of action and not the cause of action. The cause of action refers to the facts or combination of facts which the plaintiff must adduce to entitle him to the relief(s) claimed, while the action or right to institute the action remains the means or medium affording the plaintiff the opportunity to ventilate his grievance. The effect of a statute of limitation on the action of a plaintiff therefore is that it takes away the right of the plaintiff to institute the action but leaves him with his cause of action intact, though, without the right to enforce same or right to judicial relief.
Ratio Decidendi (Source)
Per ONNOGHEN, JSC, in Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC) at p. 17; Paras B-D.
"The effect of a statute of limitation, such as the provisions of section 2(a) of the Public Officers Protection Act, on both cause of action and right of action is that it bars the right of action and not the cause of action. The cause of action refers to the facts or combination of facts which the plaintiff must adduce to entitle him to the relief(s) claimed, while the action or right to institute the action remains the means or medium affording the plaintiff the opportunity to ventilate his grievance. The effect of a statute of limitation on the action of a plaintiff therefore is that it takes away the right of the plaintiff to institute the action but leaves him with his cause of action intact, though, without the right to enforce same or right to judicial relief."
Explanation / Scope
This principle distinguishes between cause of action and right of action. A statute of limitation bars the right of action (the right to sue) but does not extinguish the cause of action (the facts giving rise to the claim). The plaintiff retains the cause of action but loses the right to enforce it. The principle applies where a limitation statute is raised as a defence. It ensures that the distinction is properly understood. The principle reflects the nature of limitation statutes. It prevents confusion between the two concepts. The court must determine whether the right of action or cause of action is affected.
