This is 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.
It may be defined generally to be a situation or state of facts that entitles a party to maintain an action in a judicial tribunal. This state of facts may be (a) a primary right of the plaintiff actually violated by the defendant; or (b) the threatened violation of such right, which violation the plaintiff is entitled to restrain or prevent, as in case of action for injunction; or (c) it may be that there are doubts as to some duty or right or claim, which the plaintiff is entitled to have cleared up, that he may safely perform his duty, or enjoy his property.
A new cause of action is a claim not arising out of or relating to the conduct, occurrence or transaction contained in the original pleading.
An amended pleading often relates back to the date the original pleading was filed. Thus, a plaintiff may add claims to a suit without facing a statute-of-limitations bar, as long as the original pleading was filed in time to satisfy the statute. But if the amended pleading adds a claim that arises out of a different transaction or occurrence, or out of different alleged conduct, the amendment does not relate back to the date the original pleading wad filed.
Cause of action is a claim sufficient to demand judicial attention; the facts that give rise to right of action. In law, a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue. The phrase may refer to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).
The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the “elements” required by statute. A cause of action is essential to every civil lawsuit; it is the basis for your complaint. Usually the plaintiff will assert separate counts in his complaint-one for each cause of action. They are facts that give someone the right to seek a remedy through the court because they establish negligence or other rights under the law sought to be enforced.
The cause of action is the specific grievance or violation that gives grounds for a legal action. The reason a complaint may be filed with the court. It is the plaintiff’s legal claim against the defendant. There is often more than one cause of action in a lawsuit.
Five Feared Killed In Fresh Kaduna Attack
A Sunday evening attack by gunmen on Unguwan Magaj community in Kauru Local Council of Kaduna State may have left four indigenes dead and 36 homes torched.
But the bravery of the youths reportedly led to the death of one of the attackers and confiscation of his handset.
Useful information was said to have been retrieved from the phone that had allegedly been handed over to the police.
In a statement yesterday, the National Public Relations Officer of the Southern Kaduna Peoples Union (SOKAPU), Luka Biniyat, said: “The invaders, who came by 6:45 pm yesterday (Sunday) from behind the hills that serve as the boundary of Kaduna State and Ganawuri, Plateau State, were numbered over a 100.
“They attacked from four flanks, causing pandemonium among unsuspecting villagers as the youths tried to fend them off.”
He continued: “After about 30 minutes of violence, the following were unfortunately killed: Mrs Hanatu Joseph, 58, mother of five children; Mrs Sarah Sunday, 40, she left behind her husband and six children.
“The others are: Mrs Dije Sajay, 55, married with six children; and Mr Sunday David, 47, married with seven children. He was a retrenched civil servant.”
He noted: “The attackers targeted food stores and bans of grains, making sure they burnt as much as they could. This is to ostensibly cause starvation, especially under this lockdown from the Coronavirus.
“Police and soldiers came into Unguwan Magaji only this morning (yesterday) around 9 am and saw the corpse of the dead herdsman, which they later took away.”
Besides, Biniyat said: “Early this month yesterday, Ibrahim Atiga, 42, a native of Unguwan Magaji, was killed by herdsmen on his way to the farm. He has since been buried.”
COVID-19: Nigerian Correctional Service Receives 2nd Batch Of PPE
The Nigerian Correctional Service (NCoS), Lagos State Command, yesterday said the state government had released the second batch of Personal Protective Equipment (PPE) to the service.
The Spokesman of the command, Supt. Rotimi Oladoku, made this known in an interview with newsmen in Lagos.
The Tide reports that the items donated were hand gloves, face marks, inferred thermometers and sanitisers.
Oladokun said the gesture was part of the preventive measures taken by the state government, especially at custodial centers, to contain the spread of the virus.
“The first set of the PPE was released to the command on March 27 and the command also received the second bath on April 20,” he said.
According to Oladokun, the Lagos State NCoS Controller, Mr Sam Iyakoregha, received the items on behalf of the Controller-General of NCoS, Ahmed Ja’afaru.
“The NCoS thanks the Lagos State government for this tremendous support. The NCoS is well positioned to prevent COVID-19 in the custodial centres,” he said.
I’ll Give Special Attention To Respect For Citizens’ Fundamental Rights – CP …Citizens Set Agenda For Him
The new Rivers State Commissioner of Police, Mr Joseph Mukan has said that he would give special attention to respect for citizens’ fundamental human rights in the state.
This was contained in a statement issued by the Public Relations Officer of the Rivers State Police Command, DSP Nnamdi Omoni and made available to newsmen last Monday in Port Harcourt .
The statement said that Mr Mukan would rekindle the people’s confidence in the police and as well reposition the command for efficiency and productivity.
According to the statement, the new Police Commissioner would be expected to work with humility and integrity as part of efforts to command a better police force in the state.
It further revealed that the Rivers police boss has an impeccable track record in crime fighting, thus the trust to make good his promises.
The Rivers State Commissioner of Police, however, through the statement, solicited for cooperation in terms of information sharing from the people in order to help the command to serve them better.
Meanwhile, some members of the public have called on the new Police Commissioner to remain neutral and face his primary assignment of policing.
A Port Harcourt-Based lawyer, Emperor Nnaoma, who spoke in an interview with The Tide , yesterday, said Mr Mukan must pay priority attention to his core mandate of crime fighting, if he wants to succeed in the state.
Nnaoma, recalled that previous Commissioners of Police who went outside their major task never ended well in the state.
In his view, the Eze Oha Evo III of Evo Kingdom, King Leslie N Eke, said the Commissioner should make out time to check the activities of some of his men who allow themselves into chieftaincy issues in the communities.
The Eze Gbakagbaka/Nyerisi Eli Woji, said that such interference has divided the attention of some police officers in the state as they are always tempted to dance to the tune of their pay masters.
By: King Onunwor
City Crime4 days ago
The Ultimate Guide to Cardio Workouts
Niger Delta3 days ago
COVID-19: Bayelsa Confirms Nine New Cases, Records First Death.
Featured3 days ago
COVID-19: Rivers State Government Launches Free Bus Scheme …To Operate From 6:30am To 7pm Daily
Featured3 days ago
Rivers State Begins Decontamination Exercise
Opinion2 days ago
Governor Wike: A Leader With A Heart Of Gold
Featured2 days ago
Rivers State Government Announces Closure Of Markets
Niger Delta1 day ago
Delta Govt Lauds Media Support In Fight Against COVID-19 Pandemic
Niger Delta1 day ago
Bayelsa State Govt Restates Commitment To Completing Ongoing Housing Projects.