Hernaman Vs. Smith (1855) 10 Exch.659 at 666. Similarly in Dillion VMacdonald (1902) 21 N Z LR, the Court of Appeal held that a cause of action is the act of the defendant which gives the plaintiff the cause for complaint. In the Nigerian case of Attorney General of the Federation Vs.Abubakar (2007) 10 NWLR (pt. 1841 p10. a cause of action was defined as a set of circumstances giving rise to an enforceable claim. It is the fact or combination of facts which give rise to a right to sue and it consists of two elements namely; the wrongful act of the Defendant which gives the Plaintiff his cause of complaint and the consequent damage. What then are the set of circumstances that gave rise to this case? What particular act of the defendants are the Plaintiffs complaining about. A facsimile examination of the facts and circumstances of the case leads to the following deductions: (1) The facts of the case arose from the death of Ms Togba in a bathroom in the Plaintiffs house. (2) The production of conflicting post-mortem examination reports of the body of the deceased to ascertain cause of death (3) The plaintiffs arrest, detention and charge, trial and conviction and sentencing of the Plaintiffs for the murder of the deceased. The Plaintiff’s case arose out of the trial process which culminated in their conviction and sentence to death by a Court of first instance in Liberia, for which they appealed to the Supreme Court of Liberia as deciphered 21

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