LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Multiplicity of Actions Between Same Parties Over Same Subject Matter in Different Courts Constitutes Abuse of Process
PRINCIPLE STATEMENT
It is an abuse of process of court to institute multiplicity of actions between the same parties over the same subject matter in different courts.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Nigeria Intercontinental Merchant Bank Ltd. v. Union Bank of Nigeria Ltd. & Ors (2004) NLC-2462000(SC) at p. 17; Para A.
"It is an abuse of process of court to institute multiplicity of actions between the same parties over the same subject matter in different courts."
EXPLANATION / SCOPE
Multiplicity of actions on the same subject matter between the same parties is an abuse of process. The principle applies to all courts. The rule prevents harassment and waste of judicial resources. The court will strike out subsequent actions. The principle is well-established.