CORAM

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PARTIES

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FIRST BANK OF NIGERAIA LTD APPELLANTS

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1. CHIEF ISAAC OSARO AGBARA2. CHIEF VICTOR OBARI3. CHIEF JOHN N. OGURU4. HON. JOSEPH OGOSU5. CHIEF GEORGE O. OSARO6. CHIEF ADANTA OBELLE (For themselves on behalf of the ancient “Onne eh Ejama” Stool in Council, Chiefs, Elders, Men, Women and Children of Ejama-Ebubu in Eleme Local Government Area of River State)7. MRS. IBUKUN AWOSIKA8. ADESOLA ADEDUNTAN RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The 1st – 6th Respondents initiated committal proceedings against the 7th and 8th Respondent for failure/refusal to honour a bank guarantee issued by the Appellant to secure an order for stay of execution of a money judgement against the SPDCN and others in Federal High Court, Lagos. In reaction, the Appellant filed a motion to dismiss the 1st – 6th Respondents’ motion for committal. The Appellant’s motion was dismissed by the lower Court in its ruling, hence an appeal to this Court. This court however adopted the same reasons for overruling the objection in Appeal No. CA/L/923C/18 and consequently dismissed this appeal accordingly.

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HELD

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Appeal Dismissed

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ISSUES

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Whether Lower Court is right that the Appellant’s motion of 28th March, 2018 constituted an abuse of its process in the proceedings before it.

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RATIONES DECIDENDI

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ISSUES FOR DETERMINATION – DUTY ON THE APPELLATE COURT TO CONSIDER ALL ISSUES PLACED BEFORE IT BY PARTIES

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“However, on the ground that this court has the duty to consider all issues raised and placed before it by parties to an appeal and make pronouncement on their merit; See F.M.H v. CSA Limited (2009) 9 NWLR (1145) 193 @ 220-1, Ikpeazu v. Otti (2016) 8 NWLR (1513) 38, Dasuki v. FRN (2018) 10 NWLR (1627) 330 @ 343, PDP v. INEC (2018) 12 NWLR (1634) 533.I would dutifully proceed to do so in the appeal”. –

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GROUNDS OF APPEAL – STATUS OF A GROUND OF APPEAL FROM WHICH NO ISSUE WAS DISTILLED

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“By established principle of law on practice and procedure in the appellate courts, a ground of an appeal from which no issue was distilled or formulated for determination in an appeal is deemed abandoned and liable to be struck out. J.E. Ehikpo & Sons Limited v. F.H.A. (1991) 3 NWLR (179) 322, Bjosons Plc v. Daniel Kalio (2006) 5 NWLR (973) 330. –

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GROUND OF APPEAL – BASIS OF A GROUND OF APPEAL

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“The law is that a ground of an appeal shall be a challenge to and be based on the ratio decidendi for the decision appealed against and that it is not every statement a Lower Court that can constitute a valid ground of appeal. Nwosu v. PDP (2018) 14 NWLR (1640) 532 @ 559, Leamie v. DPMS Limited (2005) 12 SC (Pt. 1) 93, M/V “Da Qing San” v. P.A.C. Limited (1991) 8 NWLR (209) 354, Saraki v. Kotoye (1992) 9 NWLR (264) 156”. –

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ABUSE OF COURT PROCESS – CIRCUMSTANCES THAT CONSTITUTES “ABUSE OF COURT PROCESS”

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“Now, the law recognizes and is firmly settled that the term “abuse of court process” is one about which no hard and fast rule can be laid down as to the precise, specific and closed situations in which it would arise in all cases. Essentially, abuse of a court process in any judicial proceedings depends and to be determined on the peculiar facts and circumstances of a case in which it is alleged or as may be determined by the court itself. Judicial authorities provide guideline on some factors, situations or circumstances which may constitute an abuse of a court process in a given case and include: –
When a party to a proceedings of court improperly uses the issue of a judicial process to the irritation and annoyance of his opponent such as instituting a multiplicity of actions on the same subject matter against the same opponent on the same issue.
See Olutirin v. Agaka (1998) 6 NWLR (554) 366, Umeh v. Iwu (2008) 8 NWLR (1089) 225, NV SCHEEP V. MV “S” ARAZ” (2001) FWLR (1934) 543, Ladoja v. Ajimobi (supra).
When a party/plaintiff files a notice of discontinuance so that he may have his way in a new suit.
See Okafor v. A.G. Anambra State (1991) 6 NWLR (200) 659, Olawore v. Olanrewaju (1998) 1 NWLR (534) 436, Jonpal Limited v. Afribank (2003) 8 NWLR (822) 290.
When a party brings an action in a court that has no jurisdiction to adjudicate over it.
See Noah v. High Commissioner (1980) 8-11, SC, 100.
That abuse of a court process is a term generally applied to a process which is wanting in bone fide and is frivolous, vexations or oppressive and is an abuse of legal procedure or improper use of a legal process which involves some deliberateness, malice, bias and desire to misuse, pervert or frustrate the course of justice in a case. Abuse of court process may and can arise in a variety and infinite situations and circumstances in judicial proceedings.
See Saraki v. Kotoye (supra) , The Vessel “Saint Roland” v. Osinloye (1997) 4 NWLR, 387, Olutirin v. Agaka (supra), Lokpobiri v. Ogola (supra), I.N.M.B. v. UBN (2004) 12 NWLR (888) 599.
Where a party litigate again over identical question/s or issues which had already been decided against him. Onyeabuchu v. INEC (2002) 8 NWLR (769) 417 @ 443”. –

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CASES CITED

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None

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999 (as amended)|Court of Appeal Rules, 2016|

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