LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Continuous Challenge of Final Decision
PRINCIPLE STATEMENT
Where a party, undeterred by the dismissal of an application to the Supreme Court to amend its decision, brings a fresh action on the same subject matter, such conduct borders on an abuse of process and amounts to a continuous challenge of the same decision.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JCA (as he then was), cited with approval by Uwais, JSC, in Adigun v. Governor of Osun State (1995) NLC-1681992(SC) at pp. 16–17; Paras. C–D.
"Where a party, undeterred by the dismissal of an application to the Supreme Court to amend its decision, brings a fresh action on the same subject matter, such conduct borders on an abuse of process of the court and amounts to a continuous challenge of the same decision."
EXPLANATION / SCOPE
Relitigating a final decision constitutes abuse of process. Bringing a fresh action after failing to amend a Supreme Court decision is an abuse. The principle prevents endless litigation. The court will strike out such actions. The rule applies to all proceedings. The party is estopped from relitigating. The court will examine whether the new action raises substantially the same issues. The principle promotes finality and judicial efficiency. The court will not allow parties to circumvent final judgments.