LEGAL PRINCIPLE: APPELLATE PRACTICE – Abuse of Process – Multiplicity of Actions Not Always Constituting Abuse
PRINCIPLE STATEMENT
It is the law that multiplicity of actions on the same matter may constitute an abuse of the process of the Court. But this is so only where the action is between the same parties with respect to the same subject matter. The Court has a duty in such a situation to interfere to stop an abuse of its process.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Okafor v. A.-G., Anambra State (1991) 6 NWLR (Pt.200) 659 at p. 681; cited in Central Bank of Nigeria v. Ahmed & Ors (2001) NLC-92001(SC) at p. 15; Paras B–C.
"It is the law that multiplicity of actions on the same matter may constitute an abuse of the process of the Court. But this is so only where the action is between the same parties with respect to the same subject matter. The Court has a duty in such a situation to interfere to stop an abuse of its process."
EXPLANATION / SCOPE
Multiplicity of actions on the same matter may constitute abuse, but only where the actions are between the same parties on the same subject matter. If parties differ or subject matter differs, multiplicity alone is not abuse. The court has a duty to interfere and stop abuse when it occurs. The principle prevents parties from litigating the same dispute repeatedly, wasting judicial resources and harassing opponents. However, legitimate separate actions on distinct issues are not abuse. The court examines the identity of parties, issues, and subject matter. The test is whether the later action raises matters already litigated or could have been litigated in the earlier action. Abuse is not automatic.
