LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Continuing with Hearing Where Court Aware Another Court of Co-ordinate Jurisdiction Is Seised of Same Matter Constitutes Abuse of Process
PRINCIPLE STATEMENT
Where a court is clearly aware that another court of co-ordinate jurisdiction is seised of a case with the same parties and same subject matter, it is an abuse of process for that court to continue with the hearing and proceed to make orders.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Nigeria Intercontinental Merchant Bank Ltd. v. Union Bank of Nigeria Ltd. & Ors (2004) NLC-2462000(SC) at p. 18; Paras A–B.
"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 in this appeal, it is an abuse of process for that court to continue with the hearing of the case and proceed to make orders as was done in this case."
EXPLANATION / SCOPE
A court aware of another co-ordinate court seised of the same matter should not proceed. The principle applies to all courts. Continuing hearing is an abuse of process. The rule prevents conflicting judgments. The court should stay proceedings or strike out. The principle is well-established.
