LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Court of Appeal Striking Out Motion for Restoration Where Parallel Appeal Pending Before Supreme Court Is Proper
PRINCIPLE STATEMENT
Where an appellant files both an appeal to the Supreme Court and a motion to relist a dismissed appeal in the Court of Appeal, both processes seeking the same reliefs in different courts simultaneously, the appellant has grossly abused the process of court.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Agwasim & Anor v. Ojichie & Anor (2004) NLC-152000(SC) at p. 7; Paras A–B.
"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 appellants' motion filed on 10/2/99 for the relisting of the appeal that was dismissed by it, both processes filed simultaneously in different courts and seeking the same reliefs, the appellants had grossly abused the process of court and the Court of Appeal was eminently justified in striking out the appellants' motion to relist the appeal that was dismissed on 25/1/99 in default of filing their briefs."
EXPLANATION / SCOPE
Simultaneous filing of processes seeking same relief in different courts is an abuse. The principle applies to civil procedure. The Court of Appeal properly struck out the motion. The rule prevents forum shopping. The party must choose one court. The principle is well-established.