Iyanuloluwaabiola

The traits or attributes of a declaratory action. In order to be entitled to a declaration, a person must show the existence of a legal right subsisting or in the future, and that the right is contested. In other words, what would entitle the Plaintiff to a declaration is a claim which a court is prepared to recognize and if validly made, it is prepared to give legal consequence to. A declaratory action is discretionary and it is exercised upon the trial of a suit .- Ireju Nwokidu vs. Mark Okanu & Anor. (2010) 1 SC. 136; Adigun vs. A.G Oyo State (1987) 1 NWLR (Pt. 53) 678; Dantata vs. Mohammed (2000) 5 SC. 1, (2000) 7 NWLR (Pt. 664) 176. Akande vs. Adisa & Anor.(2015) 5 S.C (pt.I) 1. 

Ways of commencing civil actions. Civil proceedings may commence by any of the following ways- 1. Writ of Summons;  2. Originating Motion;  3. Originating Summons; 4. Petition.  Action does not include criminal proceedings commenced by the State.- Udoh vs. OHMB (1993) 7 NWLR (Pt. 304) 137; Attorney General of Kwara State vs. Olawale (1993) 1 NWLR (Pt. 272) 645; Johnson vs. Refuge Association (1913) 1 K.B.259; Noibi vs. Fikolati (1987) 1 NWLR (Pt. 52) 619; Odgers Principles of Pleadings and Practice 20th Ed., P. 5; Order 5 of High Court of Lagos State (Civil Procedure) Rules 2019.                            

Power of the Court to terminate an incompetent action. Court is entitled to terminate action when incompetent even if parties consent to proceed.- Westminster Bank Ltd vs. Edwards (1942) AC 529; A.G. of Anambra State vs. Okeke (2002) 10 SCM 12; Sani vs. Okene Local Government (2008) 5-6 SC (Pt. II) 131.

How to determine the competence of an action. The competence of an action is determined by claimant/plaintiffs claim.- WAEC vs. Akinkunmi (2008) 4 SCNJ 306.

Non-compliance with condition precedent prescribed by law renders subsequent act void.- Nwabueze vs. Okoye (1988) 10-11 SC 79; Katsina Local Authority vs. Makudawa (1971) NSCC 119.

Time for cause of action runs when there exists a person who can sue and another who can be sued and all such facts required to be proved to establish the right or obligation.- Williams v Williams (2008) 4-5 SC (Pt. II) 253.

It is only when facts establishing a civil right or obligation and facts establishing infraction or trespass on that right and obligation exist side by side that a cause of action is said to accrue. It is settled law that it is only the Writ of Summons or the Statement of Claim that one has to look at to see if there is a cause of action.- Samuel Osigwe vs. PSPLS Management Consortium Ltd. & 13 Ors. (2009) 1 LEDLR- 2, (2009) 3 NWLR (Pt. 1128) 378, (2009) Vol. 16 WRN 1 SC.; Oshoboja vs. Amuda (1992) 7 SCNJ 317; Adosokan vs. Adegorolu (1997) 3 SCNJ 1; Afolayan vs. Ogunrinde (1990) 1 NWLR (Pt. 369) 382.

It is a settled law that there must be a cause of action before an intending litigant can initiate any legitimate proceedings. A suit is aimed at vindicating some legal right or claim and such legal right can only arise when certain material facts arise. Samuel Osigwe vs. PSPLS Management Consortium Ltd. & 13 Ors. (2009) 1 LEDLR- 2, (2009) 3 NWLR (Pt. 1128) 378, (2009) Vol. 16 WRN 1 SC.; Oshoboja vs. Amuda (1992) 7 SCNJ 317.

What is cause of action It is the bundle or aggregate of facts which give a party a right to relief at law or in remedies in equity .- Egbe vs. Adefarasin (1978) 1 NWLR (Pt. 47) 1; Ibrahim vs. Osim (1998) 3 NWLR (Pt. 82) 254; Ogbimi vs. Ololo (1993) 7 NWLR (Pt. 304) 128. Lokpobiri vs. Ogola &2 ORS(2015) 10-11 .S.C. (Pt.II) 102

How cause of action is determined. Cause of action is determined by reference to Statement of Claim .- 7 Up Bottling Co. Ltd vs. Abiola & Sons Bottling Co. Ltd (2001) 13 NWLR (Pt. 730) 469, (2001) 6 SC 73.

Whether the death of a member or more, of a corporate body can alter the legal position of a corporate body or deprive it of its power to sue or be sued. In a corporate body, the death of a member or more of that body cannot alter the legal position of a corporate body or deprive it of its power to sue or be sued. Onuekwusi & Ors vs. The Registered Trustees of the Christ Methodist Zion Church (2011) 6 NWLR (Pt. 1243) 341. 

When amendment of court process can be granted . In Okafor vs. Ikeanyi (1979) 3-4 SC 99 , the Supreme Court held that amendment can be granted at any stage if it is in the interest of justice.- Eta & Anor. vs. Dazie (2013) LPELR-20136(SC).

Application for amendment cannot be granted in certain circumstances: 1. If it will entail injustice to the respondent; 2. If the Applicant is acting mala fide; 3. If the application is designed to overreach the respondent; 3. If the blunder of the applicant has done some injury to the respondent which cannot be compensated by costs.- Chief Edmund .I. Akaninwo & Ors. vs. Chief O.N. Nsirim & Ors. (2008) LPELR-321(SC), (2008) 1 SC. (Pt. III) 151.

Where an amendment sought relates to a mere misnomer, it will be granted almost as a matter of course. In other words, where there is an error as to the name of a party to a suit, an amendment properly sought will be allowed by the court.- Pfizer Incorporated vs. Mohammed Idris (Prof.) (2013) 16 NWLR (Pt. 1379) 155; Commerce Assurance Ltd. vs. Ali (1992) 3 NWLR (Pt. 232) 710.