LEGAL PRINCIPLE: CIVIL PROCEDURE – Abuse of Court Process – What Constitutes Vexatious Proceedings
PRINCIPLE STATEMENT
"...no man should be allowed to institute proceedings in any court if the circumstances are such that to do so would really be vexatious. In my judgment, it is vexatious if somebody institutes proceedings to obtain relief in respect of a particular subject matter where exactly the same issue is raised by his opponent in proceedings already instituted in another court in which he is not the plaintiff but the defendant."
RATIO DECIDENDI (SOURCE)
Per Buckley, J. in Thames Launches Ltd. v. Corporation of the Trinity House of Deptford Strond [1961] 1 All E.R. 26 at 33, cited with approval by Uwaifo, JSC, in Registered Trustees, Living Christ Mission & Ors v. Aduba & Anor (2000) NLC-1071994(SC) at pp. 6–7; Paras E–A.
"'...no man should be allowed to institute proceedings in any court if the circumstances are such that to do so would really be vexatious. In my judgment, it is vexatious if somebody institutes proceedings to obtain relief in respect of a particular subject matter where exactly the same issue is raised by his opponent in proceedings already instituted in another court in which he is not the plaintiff but the defendant.'"
EXPLANATION / SCOPE
Proceedings are vexatious if a party institutes action to obtain relief on the same subject matter where the identical issue is already raised in another court, with that party as defendant. This is vexatious because the party seeks to pre-empt or circumvent the earlier proceeding. The test is whether the later action would cause unnecessary duplication and harassment. The rule prevents defendants from becoming plaintiffs on the same issue to gain tactical advantage. However, if the later action raises genuinely additional issues not covered in the earlier proceeding, it may not be vexatious. The court examines substance and motive.