PRACTICE AND PROCEDURE – ABUSE OF COURT/JUDICIAL PROCESS(ES) – What constitutes abuse of Court process


“In the case of Saraki v Kotoye (1992) 9 NWLR (pt. 264) 156 at 188, this Court stated thus:- “The concept of abuse of judicial process is imprecise. It involved circumstances and situations of infinite variety and conditions. This will arise in instituting a multiplicity of actions on the same opponent on the same issues. See Okorodudu v Okoromadu (1977) 3 SC 21; Oyegbola v Esso West West (1966) 1 All NLR 170. Thus the multiplicity of actions on the same parties even where exist a right to bring the actions is regarded as an abuse. The abuse lies in the multiplicity and manner of the exercise of the right rather than the exercise of the right per se.” Per PETER-ODILI, JSC inADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 17 – 18 Paras E – B)

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