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
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