It is trite law that court will deny discovery if the party is using it as a fishing expedition to
ascertain information for the purpose of starting an action or developing a defence. A court is
responsible for protecting against the unreasonable investigation into a party’s affairs and must
deny discovery if it is intended to annoy, embarrass, oppress or injure the parties or the witnesses
who will be subjected to it. A court will stop this discovery when used in bad faith. I think this is
such a case.
The concept of abuse of court process is not very precise but the Nigerian case of R-Benkay
Nigeria Ltd Vs Cadbury Nigerian PLC SC 29 of 2006 outlines circumstances which give rise to
abuse of court process and these include:
a) Instituting a multiplicity of actions on the same subject matter against the same opponent
on the same issues or a multiplicity of actions on the same matter between the same
parties 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 the respondents’ 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 a lower court.
e) Where there is no law supporting a court process or where it is premised on frivolity and
recklessness.
f) Where a party has adopted the system of forum shopping in the enforcement of a
conceived right.
g) Where two actions are commenced, the second asking for a relief which may have been
obtained in the first. In that case the second action is prima facie, vexatious and an abuse
of court process.
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