LEGAL PRINCIPLE: CIVIL PROCEDURE – Cause of Action – Definition – Every Fact Material to Be Proved to Entitle Plaintiff to Succeed
PRINCIPLE STATEMENT
The term 'cause of action' is defined as: the fact or facts which give a person a right to judicial redress or relief against another; the legal effect of an occurrence in terms of redress to a party; a situation or state of facts which would entitle a party to sustain action and give them right to seek judicial remedy; 'cause of action' has been held to mean every fact which is material to be proved to entitle the plaintiff to succeed—every fact which the defendant would have a right to traverse.
RATIO DECIDENDI (SOURCE)
"The term 'cause of action' is defined in Black's Law Dictionary as meaning: 'The fact or facts which give a person a right to judicial redress or relief against another. The legal effect of an occurrence in terms of redress to a party to the occurrence. A situation or state of facts which would entitle a party to sustain action and give him right to seek a judicial remedy on his behalf.' In Cooke v. Gill (1872-73) 8 LRCP 107, Brett, J defined the term thus: 'Cause of action' has been held from the earliest time to mean every fact which is material to be proved to entitle the plaintiff to succeed, - every fact which the defendant would have a right to traverse.'"
EXPLANATION / SCOPE
“Cause of action” has dual meanings: (1) Right to sue: The facts giving entitlement to judicial remedy—the situation creating the right to bring action. (2) Material facts to prove: Every fact material to proving the claim—facts plaintiff must establish and defendant may challenge. These complement each other: cause of action (right to sue) comprises material facts (facts to prove). Without cause of action: no right to bring action, court lacks jurisdiction over claim, and action should be struck out. Material facts include: facts establishing each element of the claim, facts giving rise to the right, and facts defendant may traverse (dispute). This distinguishes: material facts (essential to claim) from evidence (proof of facts) and law (legal principles applied). Pleadings must: disclose cause of action, state material facts, and enable defendant to know case to meet. Tests for cause of action: do pleaded facts show right to relief? would defendant have anything to dispute? do facts entitle plaintiff to succeed if proved? This fundamental concept determines: whether action can be brought, what must be proved, and what defendant may dispute. Understanding cause of action is essential for: proper pleading, identifying defective claims, and determining jurisdictional competence.