LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Litigation Is Not a Game of Chance to Pursue Parallel Processes for Same Relief
PRINCIPLE STATEMENT
A litigant has no right to pursue pari passu two processes which will have the same effect in two courts at the same time. Litigation is not a game of chess where players outsmart themselves by dexterity of purpose and traps.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Agwasim & Anor v. Ojichie & Anor (2004) NLC-152000(SC) at p. 9; Paras A–B.
"A litigant has no right to pursue pari passu two processes which will have the same effect in two courts at the same time, with a view to obtaining victory in one of the processes or in both. Litigation is not a game of chess where players outsmart themselves by dexterity of purpose and traps. On the contrary, litigation is a contest by judicial process where the parties place on the table of justice their different positions clearly, plainly and without tricks."
EXPLANATION / SCOPE
Parallel processes seeking the same relief in different courts constitute abuse. The principle applies to civil procedure. Litigation must be conducted in good faith. The rule prevents forum shopping and duplicative proceedings. The court will strike out abusive processes. The principle is well-established.