LEGAL PRINCIPLE: CIVIL PROCEDURE – Abuse of Process – Definition – Multiple Actions
PRINCIPLE STATEMENT
What is meant by abuse of process of court? It simply means that the process of the court has not been used bona fide and properly. ... For an action to be declared frivolous, vexatious, oppressive and an abuse of the process of Court, it must be shown quite clearly that there are two or more actions between the same parties in respect of the same subject matter in one or more courts at the same time.
RATIO DECIDENDI (SOURCE)
"What is meant by abuse of process of court? It simply means that the process of the court has not been used bona fide and properly. ... For an action to be declared frivolous, vexatious, oppressive and an abuse of the process of Court, it must be shown quite clearly that there are two or more actions between the same parties in respect of the same subject matter in one or more courts at the same time."
EXPLANATION / SCOPE
Abuse of process means using court process not bona fide and properly. For multiple actions to be declared abusive, it must be clearly shown that: (1) two or more actions exist; (2) between the same parties; (3) on the same subject matter; (4) at the same time. All elements must be present. The principle prevents vexatious litigation that harasses opponents and wastes judicial resources. The court examines whether the later action raises issues already litigated or could have been litigated earlier. The existence of separate actions on distinct issues is not abuse. The court must be satisfied that the multiplicity is intentional and oppressive. The burden is on the party alleging abuse. The court has inherent power to strike out abusive proceedings.
