LEGAL PRINCIPLE: CIVIL PROCEDURE – Abuse of Process – Multiplicity of Actions – Effect of Discontinuance
PRINCIPLE STATEMENT
Institution of multiplicity of suits against the same defendants in respect of the same subject matter, though prima facie on abuse of the judicial process is not conclusive of the fact. Hence, if before the writ of summons or any of the processes in respect of the suit is served and before hearing of the second suit, a notice of withdrawal of the earlier suit is filed, it is clearly indicative of lack of intention to irritate, annoy and harass the defendant by instituting a multiplicity of actions.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Messrs. NV. Scheep v. MV "S.ARAZ" (2000) NLC-1671996(SC) at p. 33; Paras A–C.
"Institution of multiplicity of suits against the same defendants in respect of the same subject matter, though prima facie on abuse of the judicial process is not conclusive of the fact. Hence, if before the writ of summons or any of the processes in respect of the suit is served and before hearing of the second suit, a notice of withdrawal of the earlier suit is filed, it is clearly indicative of lack of intention to irritate, annoy and harass the defendant by instituting a multiplicity of actions."
EXPLANATION / SCOPE
Multiple suits against the same defendant on the same subject matter raise a prima facie inference of abuse of process. However, this inference is rebuttable. If the earlier suit is discontinued before service or before hearing of the second suit, the timing demonstrates no intention to harass or annoy. Prompt withdrawal negates the abusive purpose. Abuse of process requires vexatious or oppressive intent; corrective action before prejudice to the defendant undermines any claim of abuse. Courts examine substance and timing, not merely the existence of multiple filings.