Does The Filing of a Separate Action Instead of a Counter-Claim by a Defendant Amount to Abuse of Court Process?

CASE TITLE: OLAIFA & ORS v. OLANIYAN & ORS (2026) LPELR-83476(CA)

JUDGMENT DATE: 31ST MARCH, 2026

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: GABRIEL OMONIYI KOLAWOLE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Abuse of Court Process.

FACTS:

This is an appeal against the ruling of the High Court of Kwara State holden at Ilorin dated the 4th day of July, 2024 delivered by His Lordship, Honourable Justice Hammed A. Gegele.

The trial Court, in its ruling, upheld the preliminary objection filed by the 3rd Respondent and equally granted the prayer sought in the motion filed by 2nd Respondent, on the ground that the suit filed by the Appellants, constituted an abuse of Court process, the trial Court accordingly struck out the suit of the Appellants.

The orders granted by the trial Court as per the 2nd and 3rd Respondents motion, were:

i. AN ORDER of this Honourable Court dismissing the Claimant’s/Respondent’s suit dated and filed on the 22nd December, 2023 for being an abuse of Court process and for lack of jurisdiction of this Honourable Court.

ii. AND for such further Orders) as your Lordship deem fit to make in the circumstance of this Application.

Being dissatisfied with this decision of the trial Court, the Appellants filed a Notice of Appeal.

ISSUE(S) FOR DETERMINATION:

The appeal was determined on a lone issue for determination:

 “Whether having regards to the Affidavits and materials placed before the lower Court by the parties, the lower Court was not wrong by holding that the case of the Appellants constitutes an abuse of Court process and struck it out.”

DECISION/HELD:

The appeal was allowed.

RATIOS:         

• JUDGMENT AND ORDER- JUDGMENT OF COURT: Whether a court can give judgment against a person who is not a party to a suit
• PRACTICE AND PROCEDURE- ABUSE OF COURT/JUDICIAL PROCESS(ES): Meaning of abuse of court process and what constitutes same
• PRACTICE AND PROCEDURE- ABUSE OF COURT/JUDICIAL PROCESS(ES): Whether the filing of a separate action instead of a counter-claim by a defendant will amount to abuse of Court process
• PRACTICE AND PROCEDURE- ABUSE OF COURT/JUDICIAL PROCESS(ES): Whether forum shopping is an abuse of judicial process

To read the full judgment or similar judgments, subscribe to Prime or Primsol