LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Filing Application in Court of Co-ordinate Jurisdiction Seeking Relief Already Granted in Another Court Over Same Subject Matter Constitutes Abuse of Process
PRINCIPLE STATEMENT
Filing an application in a court of co-ordinate jurisdiction seeking a relief which another court has already given in respect of the same subject matter is an abuse of court process. If two actions are commenced, the second asking for relief that could have been obtained in the first is prima facie vexatious.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Nigeria Intercontinental Merchant Bank Ltd. v. Union Bank of Nigeria Ltd. & Ors (2004) NLC-2462000(SC) at pp. 16–17; Paras E–A.
"Filing an application in a court of co-ordinate jurisdiction seeking a relief which the other court has given in respect of the same subject matter is also an abuse of the process of court. If two actions are commenced, the second asking for relief which may have been obtained in the first, the second action is prima facie vexatious and an abuse of the process of court."
EXPLANATION / SCOPE
Seeking relief already granted by another court of co-ordinate jurisdiction is an abuse of process. The principle applies to all courts. The second action is vexatious. The rule prevents multiplicity of litigation. The court will strike out such applications. The principle is well-established.
