CIVIL PROCEDURE — Abuse of Court Process — Ordering Parties to Recommence Suit De Novo Amounts to Abuse of Process
Ratio Decidendi
Per Fabiyi, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at pp. 13—14; Paras E—A:
"The injunction that parties could commence the suit afresh equates with abuse of process. It was in bad taste as the court below could lay the matter to rest by deciding it once and for all. It is abuse of court process for the court below to advise the parties to commence afresh a case that it could have dealt with to finality."
Explanation / Scope
This principle establishes that ordering parties to recommence a suit de novo, where the court could have decided the matter to finality, amounts to abuse of court process. The principle applies where courts unnecessarily remit matters for fresh trial. It ensures that courts decide matters to finality where possible. The principle reflects the need to avoid multiplicity of actions. It prevents waste of judicial resources. The court must decide matters before it. The principle provides guidance on abuse of process through unnecessary remittal.