The defendant in its notice of preliminary objection contends that the 2nd and 4th
plaintiffs' claim is premature and cannot be maintained as it does not disclose any
cause of action.
Black's Law Dictionary Ninth Edition defines cause of action as:
'A group of operative facts giving rise to one or more bases for suing; a factual
situation that entitles one person to obtain a remedy in court from another person.'
The term “cause of action” was described in Letang v. Cooper (1960) ALL ER 929
as:
'The reason or facts that entitled a person to sue or bring his action to the court, or a
factual situation that entitles one person to obtain from the court a remedy against
another person.'
In determining whether a cause of action has been disclosed, the court is guided and
directed to restrict its self to facts as presented by the plaintiffs and nothing else.
The facts contained in the Applicants’ initiating application is that they were on
different occasions unlawfully arrested and detained and in some cases tortured by
the officers of the Gambian National Intelligence Agency (NIA) for articles they
published against the Gambian President. They further alleged that the Gambian
government has relied upon its Criminal and Sedition Laws to detain, arrest and
convict Journalist over the past years. The fear of further prosecution, has made them
remain in exile till date.
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