Introduction
The term “cause of action” is widely used in legal proceedings and has a special or technical meaning. It is important to understand it due to its significance in such proceedings.
Understanding cause of action
There are many ways one can explain “cause of action”. Cause of action is the legal term for the set of facts that give rise to a legally enforceable claim. In other words, it is the set of facts that justifies why one is taking legal action against another party. There has to be a wrong allegedly committed by the party being sued.
A cause of action can also be referred to as the right of action. Again, it is the set of facts one has to allege or justify for taking legal action against another person. In an action or summons case the one taking legal action is the plaintiff and the one being used is the defendant. In a court application the one suing is the applicant and the one being used is the respondent. So, a plaintiff or applicant has to plead the facts that establish cause of action. This is why in a summons case there is a declaration by plaintiff stating the relevant facts.
In the decided case of Madake versus Makonza and another, HC 4733/22, HH890/22, the High Court, citing the case of Abrahams & Sons versus SA Railways & Harbours, remarked that:
“The proper meaning of the expression “cause of action” is the entire set of facts which gives rise to an enforceable claim and includes every act which is material to be proved to entitle a plaintiff to succeed in his claim. It includes all that a plaintiff must set out in his declaration in order to disclose a cause of action”.
Common sources of cause of action
There are different causes of action that justify taking legal action in order to obtain relief against an offending party. These may include the following:
- Contractual, based on agreements which give rights and obligations to parties.
- Statutory being based on Acts of Parliament.
- Common law, for example on cases already decided by Courts.
Examples of cause of action
In order to justify a cause of action there has to be a trigger, usually an unlawful wrong such as violation of one’s legal rights. Specific examples of cause of action may include those listed below:
- Where one party violates or does not act in terms of an agreement. For example, if a debtor fails to pay when a creditor demands payment. In other words, a debtor who is mora does not pay what is due to the creditor. Letters of demand are normally sent to put the debtor in mora.
- A supplier who has been paid in advance but fails to deliver goods at agreed times. Based on the supply contract, violation of agreement through default of performance, a customer can sue the supplier for specific performance or a refund.
- Damages arising from injuries caused by negligence.
- Violation of statutory obligations for example human rights, employment rights, etc.
- In the case of regulators, those regulated may be sued for failure to comply with laws administered by the regulator.
- A lease may be sued for violating a lease agreement through for example failure to pay rent on time, subletting or refusing to vacate upon expiry of the lease. A lease may sue a lessor or landlord for unjustified premature termination of a lease agreement.
- A party may sue another for unjust enrichment.
No cause of action as an objection
In legal proceedings it is quite common for a party to litigation to oppose the legal action citing absence of cause of action. In other words the opposing party will be challenging that the set of facts do not justify the legal action. It may be argued that there is no trigger or justification.
In the Madaake versus Makonza case (supra) the plaintiff did not disclose or plead the alleged defamatory words uttered by the defendant and the Court determined that:
“There is no valid cause of action in the summons. The allegations in the summons express a rambling displeasure over some Whatsapp posts which do not constitute a known cause of action at law. The summons is not clear and concise.”
Conclusion
It is important to understand the cause of action in a situation before instituting legal proceedings.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), MBA(EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@hofisilaw.com or gohofisi@gmail.com. Visit www//:hofisilaw.com for more articles.
