A warm greetings to everyone,
Where there is a right, there is a remedy-that is what the law says. But there are circumstances that may negate this position. That is what we’re about to enumerate;
For instance, you have an agreement with a drug dealer to supply you a pack of marijuana (a prohibited drug by government agency). Unfortunately, your deal went south and the dealer ran away with your money. You approached the court for a redress and possibly to retrieve your money.
“The contract is void ab initio (contract is unenforceable from the beginning)” because the law has prohibited the sales and intake of narcotics
Another instance is where you do not have a “cause of action”.
The bedrock on which the court has power to entertain and hear your matter (either maritime, land or commercial disputes) is found in the cause of action.
Simpliciter- it is the act that led to the breach of agreement, the mistake on the part of the erring party etc.
Once the jury or the judge (depending on the legal system of your State) discover that your case lacks merit. It would be strike out for want of diligence prosecution.
“Law as a concept exist to shield people from harm or arbitrary use of power. Also, as a means of deterrence or sanction against deviant behaviors”
There are procedures which someone (plaintiff) must fulfilled before filing a lawsuit which are; (i) ensure to have exhausted all the mechanisms of settling the disputes amicably before coming to court for a redress. (ii) ensure there is a cause of action.
All these procedures existed solely to prevent countless lawsuits in the courthouse. Hence, litigants (parties) will bring lawsuit at the slightest jab on their neck just to seek justice. And most of them will be base on personal vendetta against each other which will be frivolous and vexatious. And it will amount to abuse of court processes.
Next time you’re about to sue your boss for abuse, your landlord for unlawful eviction from your rented apartment, or a contractual party for a breach of agreement.
Be sure that you have a right before the court.
©️ All rights reserved.
Samuel Adegoke.