CASE CITATION: R-BENKAY NIGERIA LIMITED v. CADBURY NIGERIA PLC. (2012) 3 S.C. (Pt. III) 169
DATE OF JUDGMENT: FRIDAY 23RD DAY OF MARCH, 2012
COURT: SUPREME COURT
SUIT: SC. 29/2006
CORAM:
- IBRAHIM T. MUHAMMAD (Presided)
- OLUFUNLOLA O. ADEKEYE (Delivered the Leading Judgment)
- BODE RHODES-VIVOUR
- NWALI S. NGWUTA
- MARY U. PETER-ODILI
ISSUE(S): WHEN IS THE PROCESS ABUSED?
CASE SYNTHESIS
“The concept of abuse of court process relying on numerous decided authorities is imprecise. It involves circumstances and situation of infinite variety and conditions. But a common feature of it is the improper use of judicial process by a party in litigation to interfere with the due administration of justice. The circumstances which will give rise to abuse of court process include:-
a) Instituting a multiplicity of actions on the same subject matter against the same opponent on the same issues on multiplicity of actions on the same matter between the same parties even where there exists a right to begin the action.
b) Instituting different actions between the same parties simultaneously in different courts, even though on different grounds.
c) Where two similar processes are used in respect of the exercise of the same right for example, a cross-appeal and a Respondent’s notice.
d) Where an application for adjournment is sought by a party to an action to bring an application to court for leave to raise issues of fact already decided by the lower court.
e) Where there is no law supporting a court process or where it is premised on frivolity or recklessness.
f) Where a party has adopted the system of forum-shopping in the enforcement of a conceived right.
g) It is an abuse of court process for an Appellant to file an application at the trial court in respect of a matter which is already subject of an earlier application by the Respondent at the Court of Appeal. When the Appellant’s application has the effect of over reaching the Respondent’s application.
h) Where two actions are commenced, the second asking for a relief which may have been obtained in the first, the second action is prima facie vexacious and an abuse of court process.
- Saraki v. Kotoye (1992) 9 NWLR (Pt. 264)156.
- Ogoejeofo Ogoejeofo (2006) 1 S.C (Pt.I) 157;
- Abubakar Unipetrol (2002) 4 S.C.(Pt.II);
- Plateau State v. A.G. Federation (2006)1 S.C. (Pt.I) 1;
- Dingyadi I.N.E.C (No2) (2010) 7-12S.C. 105;
- Arubo Aiyeleru (1993) 3 NWLR (Pt.280) 126.
- Adesanoye v. Adewole (2000) 5 S.C. 124;
- Vaswani Trading .Co. vs. Savalakh & Co.(1972) 12 C. 12 S.C.(Reprint) 50;
- Okorodudu v. Okoromadu (1977) 3 S.C.21; (1977) 3 S.C. (Reprint) 13.
The common feature of an abuse is in the improper use of the judicial process by a party in litigation. An abuse of court process does not envisage a scenario like the instant appeal where the Appellant and the Respondent were exercising respective feasible right of action. In ID/749/97 the Appellant maintained its counter-claim – while the Respondent filed Suit No. ID/999/2000 to seek a remedy for his grievance. The concurrent findings of the two lower courts that the order made in the case cannot be said to be an abuse of court process is right and correct in the circumstance of the case. This court has no cause whatsoever to disturb such findings.
R-BENKAY NIGERIA LIMITED v. CADBURY NIGERIA PLC. (2012) 3 S.C. (Pt. III) 169 at 191-193 Paras. 15-35
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