The right of action finds it basis on the cause of action. A right of action accrues
once an actionable wrong occurs. However, where the wrongful act is continuous,
the right of action subsists until the wrongful act terminates.
In
SERAP
V.
UNREPORTED
FEDERAL
REPUBLIC
OF
NIGERIA
ECW/CCJ/JUD/18/12,
this Court found that the Plaintiff's subjection to the statute of
limitation depends on the characterization of the act as an isolated act or a persistent
and continuous omission that lasted until the date the complaint was filed with the
Court and that in situations of continued illicit behavior, the statute of limitation only
begins to run from the time when such unlawful conduct or omission ceases.
In the case of Ouko V Kenya communication No. 232/1999 (2000) AHRLR 135, the
question was whether the political persecution and subsequent flight of the applicant
into exile violated the provisions of the African Charter. The African commission
held that persecution suffered by a union leader constituted a breach not only of the
tights of expression and freedom of association, but also that the applicant decision
to go into exile for fear of continued persecution amounted to a separate and standalone breach of the right of return to his own country under Article 12 (2) of the
Charter.
The 3" Applicant’s contention is that following her release she went into exile on
fear of further persecution by the defendant and that her continued stay in exile
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