LEGAL PRINCIPLE: APPELLATE PRACTICE — Abuse of Court Process — Definition and Elements
PRINCIPLE STATEMENT
Abuse of process is a proceeding wanting in bona fide, frivolous, vexatious, or oppressive. It also means abuse of legal procedure or improper use of legal process.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in African Reinsurance Corporation v. JDP Construction Nigeria Limited (2003) NLC-662002(SC) at p. 19; Paras B–C.
"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 mean abuse of legal procedure or improper use of legal process as in this case."
EXPLANATION / SCOPE
Abuse of process includes frivolous, vexatious, or oppressive proceedings. The principle applies to all courts. The court has inherent power to prevent abuse. The rule protects judicial resources. The court may strike out abusive proceedings. The principle is well-established.