CIVIL PROCEDURE — Abuse of Court Process — Commencement of Fresh Action on Same Subject-Matter Already Decided
Ratio Decidendi
Per Belgore, JSC, in Ekpuk v. Okon (2005) NLC-722002(SC) at p. 13; Paras B–D:
"The decision of Court of Appeal in the first case remains unambiguous that the respondent now before us was precluded from administering the estate in issue. She has not appealed that decision and to start another case on the same subject-matter of administration of her late husband's estate — seems to me an abuse of process."
Explanation / Scope
Fresh action on same matter already decided by court of competent jurisdiction is abuse of process. The principle applies to civil procedure.