CIVIL PROCEDURE — Abuse of Court Process — Definition and Nature
Ratio Decidendi
Per Tobi, JSC, in Ntuks & Ors v. NPA (2007) NLC-123-190-2003(SC) at pp. 19–20; Paras D–A:
"Abuse of court process generally means that a party in litigation takes a most irregular, unusual and precipitate action in the judicial process for the sake of action qua litigation, merely to waste valuable litigation time. It is an action which is one (or more) too many; an action which could be avoided by the party without doing any harm to the matter in dispute."
Explanation / Scope
Explanation/Scope:
The principle defines the concept of abuse of court process, which is a ground for striking out or dismissing proceedings. It encompasses situations where a party initiates multiple actions on the same subject matter, re-litigates issues already decided, or engages in frivolous and vexatious litigation. The essence of the doctrine is to protect the integrity of the judicial process and prevent the waste of scarce judicial resources. A party is not permitted to use the court as a playground for endless litigation. The test is whether the action is manifestly unnecessary and could have been avoided without prejudice to the party’s rights. The court has inherent jurisdiction to prevent such abuse. The principle promotes judicial economy and finality.