NECTARIOUS MARITIME v. CITIBANK NIGERIA & ANOR
(2014)LCN/6948(CA)
RATIO
WHAT CONSTITUTE ABUSE OF JUDICIAL PROCESS
In Saraki v. Kotoye (1992) NWLR (Pt. 264) 156 the Supreme Court per Karibi Whyte, JSC observed:
“It is recognized that the abuse of the process may lie in both the proper and improper use of the judicial process in litigation. But the employment of judicial process is only regarded generally as an abuse when a party improperly uses the issue of the judicial process to the irritation and annoyance of his opponent, and the efficient and effective administration of justice. This will arise in instituting a multiplicity of actions on the same subject matter against the same opponent on the same issues.” See also African Reinsurance Corporation v JDP Construction (Nigeria) Limited (2003) 12 NWLR (Pt. 838) 609 @ 635. It is obvious from the above authorities and a plethora of other authorities that to constitute an abuse of court process, a party must have improperly used the judicial process to the irritation and annoyance of his opponent by instituting multiple actions on the same subject matter, against the same opponent on the same issues. These elements are not present in the suit that gave rise to this appeal. Per CHINWE EUGENIA IYIZOBA, J.C.A.
