CORAM
PARTIES
HON. COMMISSIONER FOR EDUCATIONTHE ATTORNEY-GENERAL OF IMO STATEDR. DAN ONWUKWETHE GOVERNING COUNCIL. ALVAN IKOKU COLLEGE OF EDUCATION, OWERRI APPELLANTS
PROFESSOR LAWRENCE AMADI
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants / plaintiff initially brought an application in the High Court praying for an Order of Certiorari quashing the administrative action of appointing the respondent as a new provost a college and the termination of the appellants / plaintiff appointment. The High Court dismissed the suit and an appeal was entered in the Court of Appeal contending this dismissal. Pending the determination of this appeal the Appellant/ Plaintiff applied for an interlocutory injunction in the High Court to stop the appointment of the Respondent/ Defendant. The Respondent/ Defendant also applied to the Court of Appeal for the same injunction against the Appellant/ Plaintiff, which was granted by the Court of Appeal. Aggrieved by this decision the appellants / plaintiff appealed to the Supreme Court on the grounds that this act amounted to an abuse of Court process.
HELD
Appeal allowed
ISSUES
1. Whether the Court of Appeal was right to have heard and granted the Respondents application before it notwithstanding that it was an abuse of the process of court?
2. whether the respondent as applicant before the Court of Appeal had shown any special circumstances which made it impossible and impracticable to have first brought the application in the High Court. ?
RATIONES DECIDENDI
ABUSE OF COURT PROCESS
“It is an established principle of law and which is settled that in situations of this nature, where there are multiple actions between the same parties on the same subject matter, the consequential effect is abuse of judicial process. In other words it is a situation where a party improperly uses judicial process to the irritation annoyance and harassment of his opponent, not only in respect of the same subject matter but also where the issues are the same in the other or actions.” Per Clara Bata Ogunbiyi, JSC
CASES CITED
U.B.A Vs Stalban GMBH (1989) 3 NWLR (PT 110) 374 at 388ikine and others V. Edjerode & others (2001) 8 NSCQR 342 at 383- 384Attorney- General Ondo State Vs Attorney- General, Ekiti State (2001) 8 NSCQR 45
STATUTES REFERRED TO
NONE