LEGAL PRINCIPLE: CIVIL PROCEDURE — Abuse of Court Process — Simultaneous Filing of Multiple Processes Seeking Same Relief Constitutes Abuse of Judicial Process
PRINCIPLE STATEMENT
Abuse of judicial process includes instituting a multiplicity of actions on the same subject matter against the same opponent, instituting different actions simultaneously in different courts, or using two similar processes in respect of the exercise of the same right.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Agwasim & Anor v. Ojichie & Anor (2004) NLC-152000(SC) at pp. 6–7; Paras C–A.
"It is trite law that the abuse of judicial process is the improper use of the judicial process by a party in litigation. It may occur in various ways, such as instituting a multiplicity of action on the same subject matter against the same opponent on the same issue or a multiplicity of action of the same matter between the same parties. It also occurs by instituting different actions between the same parties, simultaneously in different courts even though on different grounds; where two similar processes are used in respect of the exercise of the same right, for example, a cross-appeal and respondents' notice, etc."
EXPLANATION / SCOPE
Multiplicity of actions on the same subject matter is abuse. The principle applies to civil procedure. The court will strike out improper processes. The rule prevents harassment. The party must choose one forum. The principle is well-established.
