LEGAL PRINCIPLE: APPELLATE PRACTICE — Abuse of Court Process — Multiplicity of Applications — Effect of Duplicating Court Processes
PRINCIPLE STATEMENT
Where a party duplicates a court process, the more current one which results in the duplication is regarded as an abuse of the court process.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in African Reinsurance Corporation v. JDP Construction Nigeria Limited (2003) NLC-662002(SC) at p. 19; Paras A–B.
"Where a party duplicates a court process, the more current one which results in the duplication is regarded as an abuse of the court process."
EXPLANATION / SCOPE
Duplicating court processes is an abuse of process. The later process is struck out. The principle applies to all courts. The rule prevents multiplicity of actions. The party must not file duplicate processes. The court will strike out the duplicate. The principle is well-established.