judgments of the Court. The fact that the Plaintiff herein is a judgment
creditor is not in issue. In fact, he has taken advantage of Article 24(2) only
for his efforts to be torpedoed by the constraints inherent in rules of civil
procedure in the 1st defendant’s country as evidenced from Annexure CM8
& CM9.
Be that as it may, the Plaintiff’s suit hinges on the failure of the 1st defendant
to voluntarily comply with the judgment of this Court in the Suit No.
HRCM/376/15 granted in his favour. The inability of the Plaintiff to utilize the
methods provided by the rules of this Court for the execution of the
judgment was as a result of the 1st defendant’s failure and/or neglect to live
up to its obligations as a member of ECOWAS. In such situation, what cause
of action, if any, is open to the Plaintiff?
A “Cause of action” has been defined in Halsbury’s Law of England (4th ed),
Vol 37, para 20 at page 27 as follows:
“ ..a factual situation the existence of which entitles one person to obtain
from the court a remedy against another person. The phrase has been held
from earliest time to include every fact which is material to be proved to
entitle the plaintiff to succeed, and every fact which the defendant would
have a right to traverse. Cause of action has also been taken to mean that
particular act of the defendant which gives the plaintiff his cause of
complaint, or subject matter or grievance founding the action, not merely
the technical cause of action.”
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