"In the appeal on hand, and in the face of the appellants' appeal filed on 10/2/98 to the Supreme Court against the Court of Appeal's ruling of 25/1/99 and the...
Explore NLC Curated Legal Principles
"It is trite law that the abuse of judicial process is the improper use of the judicial process by a party in litigation. It may occur in various ways, such...
"A litigant has no right to pursue pari passu two processes which will have the same effect in two courts at the same time, with a view to obtaining victory...
"Where a court was clearly aware that another court of coordinate jurisdiction is seised of a case with the same parties and the same subject matter before it as found...
"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...
"This application, without even alluding to S. 215 of the Constitution is, to say the least, frivolous and is an abuse of this court’s process."
"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...
"Abuse of process of court is a term generally applied to a proceeding which is wanting in bona fide and is frivolous, vexatious or oppressive. Abuse of process can also...
"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."
"It is elementary to state that a decision not on the merits could not qualify as a defence through the principle of Res Judicata."
"Where a party, undeterred by the dismissal of an application to the Supreme Court to amend its decision, brings a fresh action on the same subject matter, such conduct borders...
"The fact that the applicant did not appeal against the order of the trial court releasing the judgment sum to the 1st and 2nd respondents does not affect the merit...