Preliminary Consideration & Magistrate Court

- Part I - Preliminary Matters / Pre-Action Issues -

Preliminary Matters

Preliminary matters are matters which counsel must avert his mind to before proceeding to institute an action.

1. Cause of Action

Cause of action is any fact or series of facts which, when proved, will entitle the complainant to damages or relief against the defendant. Right of action arises where there is cause of action.

• In contract, cause of action arises where the contract has been breached or there is suspicion of breach;
• Where there is no cause of action, the matter is struck out;
• A cause of action must exist at the time of filing – Nwosu v AG App; AG Federation v AG Abia State;
• To determine whether there is a reasonable cause of action, the court looks at the statement of claim or particulars of claim.

2. Limitation Period / Statute Bar

Type of Action	Limitation Period
Simple contract	6 years
Quasi-contract	6 years
Contract under seal	12 years
Damages for negligence	3 years
Action against a public officer (S2 POPA)	3 months
Fundamental human rights enforcement	No time limit