Ratio Decidendi

Per Edozie, JCA (as he then was) as adopted by Mukhtar, JSC, in Iyoho v. Effiong Esq & Anor (2007) NLC-123-326-2001(SC) at pp. 16ā€“17; Paras Eā€“B:

"To commence these two proceedings in two different Courts for the same remedies involving the same parties is the grave men of the Appellant's grouse... it was improper for the Respondent in the case in hand to commence the certiorari proceedings in suit No. C/MSC/68/98 in the face of the pending application in the Rent Control Court."
View Judgment ā†’

Explanation / Scope

Commencing simultaneous proceedings in different courts for the same remedies involving the same parties constitutes an abuse of court process. This is improper and vexatious. The court will strike out such proceedings to prevent multiplicity of actions and ensure orderly adjudication.

Cases Applying This Principle

Madam Akon Iyoho v. E.P.E. Effiong Esq & Anor