LEGAL PRINCIPLE: CIVIL PROCEDURE — Cause of Action — Accrual of Cause of Action — Date of Occurrence Complained Of
PRINCIPLE STATEMENT
The cause of action arises on the date of the occurrence complained of, not on the date of any prior declaration or event.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Mosoju v. Oyetayo & Ors (2003) NLC-761999(SC) at p. 4; Paras A–B.
"It is obvious to me that the cause of action in this case arose in October 1983 when the 1st defendant was appointed the Obasinkin. The plaintiff instituted this action immediately thereafter in November 1983. The plaintiff could not have lawfully sued anyone in 1960 except perhaps the officials engaged in the making or preparation of exhibit D itself. But then there was a reigning Obasinkin (before exhibit D) who the evidence shows died in 1982. So the cause of action here is the appointment or installation of 1st defendant as the Obasinkin on the basis or authority of exhibit D, and nothing else."
EXPLANATION / SCOPE
The cause of action accrues when the wrongful act occurs. The principle applies to limitation periods. The plaintiff cannot sue before the act occurs. The rule ensures that the claim is timely. The court will determine the accrual date. The principle is fundamental.