“The facts on which the cross-respondents found their preliminary objection to the competence of the cross appeal are beyond dispute. It is evident that the cross-appellant is pursuing its garnishee proceedings, seeking to make the decree Nisi he has acquired into a decree absolute simultaneously at the trial Court and in this Court. The common feature of abuse of Court process is the improper use of judicial process by a party in litigation the most common one being multiplicity of actions on the same issues between the same parties and instituting different actions between the same parties in different Courts. Abuse of the process of the Court may also occur where two similar processes are deployed in the exercise of the same right as in the instant case. Abuse of the process of the Court, where it occurs, constitutes a fundamental defect the effect of which results in the dismissal of the abusive process. See ADESANOYE V. ADEWOLE (2000) 9 NWLR (PT 127) 671 and UMEH & ANOR V. IWU & ORS (2008) LPELR-3363 (SC). Learned cross appellant counsel seems to have no answers to the complaints of the cross respondents on the competence of the cross appeal in the light of appellant’s existing garnishee proceedings at the trial Court virtually seeking the very reliefs the cross-appellant has urged this Court to invoke Section 22 of the Supreme Court Act in order to grant him. I am in complete agreement with learned counsel for the cross respondents that it is an abuse of the process of this Court for the cross-appellant to seek, by way of its cross appeal, the very same relief it seeks at the trial Court. I find counsel’s reliance on the decision of this Court in AG ONDO STATE V. AG EKITI STATE (supra) apposite. In upholding the cross respondents’ preliminary objections, the cross appeal is hereby resultantly dismissed.” Per MUHAMMAD, J.S.C. at P. 14, Paras. E-D.
AJAOKUTA STEEL COMPANY LIMITED v. GREENBAY INVESTMENT AND SECURITIES LIMITED (2019-LCER-36835-SC)
Facts
This is an appeal against the judgment of the Court of Appeal, Abuja Division, hereinafter referred to as the lower Court, in appeal No.CA/A/718/2016 delivered on 18th December 2017, setting aside the ruling of the Federal High Court, the trial Court, in suit No. FHC/ABJ/M/03/2007 delivered on the 18th November, 2016.
By the said ruling, the trial Court had discharged the 3rd and 4th respondents as garnishees, set aside the decree Nisi it earlier granted and dismissed the entire garnishee proceedings initiated by the 1st respondent.
Aggrieved, the 1st respondent appealed against the trial Court’s ruling to the lower Court. The lower Court allowed the appeal, set-aside the ruling of the trial Court and remitted the matter to the latter to hear 1st respondent’s garnishee proceedings and determine whether or not the order Nisi be made absolute.
Dissatisfied, the appellant has appealed against the lower Court’s decision to this Court
Issues
Whether the learned justices of the Court below properly construed the judgment of the Federal High Court in suit FHC/L/CS/1223/99 GREENBAY INVESTMENT & SECURITIES LTD V. FEDERAL MINISTRY OF MINES & POWER AND AJAOKUTA STEEL COMPANY LTD in arriving at its decision that the appellant herein remains indebted to the 1st Respondent herein with regards to the judgment debt awarded in favour of the 1st respondent against the Appellant.
Lead Judge(ment)
MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Lead Judgment):
Held
In upholding the cross respondents’ preliminary objections, the cross appeal is hereby resultantly dismissed.
Alternate Citations
Read Full Judgment
Counsel:
Oladipo Tolani with him, Kabir Momoh, P. O. Olusuyi and M. M. Baba for the Appellant/1st Cross Respondent……For Appellant
And
O. I. Olorundare, SAN with him, E. G. Shaibu, A. Ogbontolu, Anaka lveren lyunana for the 1st Respondent/Cross Appellant.
A. B. Mustapha (Senior State Counsel Federal Ministry of Justice) for the 2nd Respondent/Cross Respondent.
T.A. Gazali (Chief State Counsel Federal Ministry of Justice) with him, Adedayo Ogundele (Senior State Counsel) and Musa Abdul (Senior State Counsel Federal Ministry of Justice) for the 4th Respondent.
For Appellant(s)
For 1st Respondent(s)
Counsel’s Photograph(s) Needed.