LEGAL PRINCIPLE: APPELLATE PRACTICE — Abuse of Court Process — Improper Use of Judicial Process
PRINCIPLE STATEMENT
There is abuse of process when a party improperly uses judicial process to irritate and annoy his opponent, such as instituting a multiplicity of actions on the same subject matter against the same opponent on the same issues.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in African Reinsurance Corporation v. JDP Construction Nigeria Limited (2003) NLC-662002(SC) at p. 19; Paras D–E.
"There is said to be an abuse of the process of the court when a party improperly uses the issue of the judicial process to the irritation and annoyance of his opponent, such as instituting a multiplicity of actions on the same subject matter against the same opponent on the same issues."
EXPLANATION / SCOPE
Multiplicity of actions on the same subject matter is an abuse of process. The principle applies to all courts. The rule prevents harassment of opponents. The court may strike out vexatious proceedings. The principle is well-established.