DROP BOX OF LEGAL NUGGETS. BY ADEDOTUN HABEEB ADETUNJI, ESQ.

*SUBJECT MATTER: ABUSE OF COURT PROCESS*

ISSUE: When abuse of court process is constituted and subsistence of where act which constitutes is categorized under a wrong head

PRINCIPLE:

*“An abuse of court process is constituted when more than one suit is instituted by a plaintiff against a defendant in respect of the same subject matter to the harassment, irritation and annoyance of the defendant and in such a manner, as to interfere with the administration of justice. The proliferation of actions on the same subject matter in different courts constitutes a strain, an interference with the administration of justice in that different courts are tasked with the determination of one subject matter, which has been fragmented into little portions. An abuse of court process does not cease to be so because the act has categorized under the wrong head. In the instant case, there was a pending appeal between same parties on same subject.*

Therefore, the trial court rightly declared the action to be an abuse of court process. [N.V. Scheep v. M.V. "S. Araz" (2000) 15 NWLR (pt. 691) 622, (2001) FWLR (pt. 34) 543” Per Dongban-Mensem, J.C.A

*CITATION:
Atuyeye v. Ashamu (2009) All FWLR (Pt.455) 1770 at 1779, Paras. C - E (CA)*

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