LEGAL PRINCIPLE: CIVIL PROCEDURE – Abuse of Court Process – Parallel Proceedings – Effect
PRINCIPLE STATEMENT
The action seeking in this court for a relief already before another court in a pending action between the parties is without doubt an abuse of the Judicial process. Plaintiff did not have an answer to the allegation.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC) at p. 45; Paras D–E.
"The action seeking in this court for a relief already before another court in a pending action between the parties is without doubt an abuse of the Judicial process. Plaintiff did not have an answer to the allegation."
EXPLANATION / SCOPE
Filing an action seeking relief already sought in another pending action between the same parties constitutes an abuse of judicial process. The court will strike out such proceedings. Parallel proceedings on the same subject matter waste judicial resources, risk inconsistent judgments, and harass the opposing party. The principle applies even if the later action is filed in a different court. The remedy is to stay or strike out the later action. The plaintiff cannot justify multiplicity of suits on the same issue. The court has inherent jurisdiction to prevent abuse. The abuse is not cured by technical differences in the reliefs sought if the substance is identical. The principle promotes judicial efficiency and finality.