Cause of action- when a cause of action accrues.

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.

Comments

Post a Comment

Popular posts from this blog

RECOVERY OF POSSESSION OF PREMISES. PART 1.

Image
Today, we shall discuss the applicable Laws for the recovery of possession of premises in Abuja and Lagos.  Let's start with ABUJA. In Abuja, we have the following laws that are applicable for the recovery of possession of premises and they are as follows:- 1) Recovery of Premises Act Cap 544 LFN  Abuja 1990  2) High Court Rules Abuja. In LAGOS, we have the following laws that are applicable for the recovery of possession of premises and they are as thus:- 1. TENANCY LAW OF LAGOS STATE 2011 – applies to residential and business premises but it doesn’t apply to the whole of Lagos (doesn’t apply to Ikeja GRA, Victoria Island, Ikoyi, Apapa and houses owned and operated by educational institutions, hospitals, care/hospice facilities, emergency shelters). 2. Recovery of Premises Law CAP 118 Laws of Lagos State : applies to business premises in those areas excluded under Tenancy Law Lagos State 2011. 3. Common law principles in respect of landlord and tenant and ...
Read more