LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Abuse of Court Process – Frivolous Applications
PRINCIPLE STATEMENT
An application that seeks to relitigate matters already decided is frivolous and constitutes an abuse of court process.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Adefulu v. Okulaja (1998) NLC-561993(SC) at p. 8; Para A.
"This application, without even alluding to S. 215 of the Constitution is, to say the least, frivolous and is an abuse of this court’s process."
EXPLANATION / SCOPE
Frivolous applications abuse court process. The principle applies to all courts. Relitigating decided matters is an abuse. The rule protects court resources. The court may strike out frivolous applications. The principle is well-established.