(3) ABUSE OF JUDICIAL PROCESS
5. Abuse of the judicial process.
“There is no doubt that the abuse of judicial process is said to exist when a proceed-
ing is wanting in bona fides, or is frivolous, or vexatious or oppressive or amounts to
abuse of legal procedure or improper legal process. See: Amaefule v. The State
(1988) 2 N.W.L.R. (Pt. 75) at 177 - per Oputa, J.S.C. It is clear from the facts
placed before the trial Court that the 4th respondent was compelled to file the motion
- suit No. A/M/11/95, as a result of fresh development that came up after he had filed
his earlier action - suit No. A/53/95. The new development was the sudden publica-
tion of the four legal notices. The procedure laid down for the application he was to
make, as already shown above, is very peculiar. It is as setout in Order 43 of the High
Court Civil Procedure Rules 1988. It was therefore not possible under the applicable
rules of Court for applicant to merely apply to amend his existing claim before the
Court or by merely filing the motion under the suit. I therefore hold that the action
taken by the 4th respondent in instituting the second action cannot amount to an
abuse of Court process.” - Per Achike, J.C.A. in Nwoboshi v. State Suit No. CA/B/
121/96; (1998) 10 N.W.L.R. (Pt. 568) 131 at 154.
(4) ACTING IN HASTE
6. Is haste an actionable wrong?
“In any case it has not been shown that the acting in haste is an actionable wrong
under the law.” - Per Edozie, J.C.A. in Inyang v. Ebong Suit No. CA/C/2/2000;
CA/C/52/2000; (2002) 2 N.W.L.R. (Pt. 751) 284 at 335.
(5) ACTION AGAINST BAILFF OF THE COURT
7. When action can be taken against a Court Sheriff.
“Section 42 of the Sheriffs and Civil Process Act, Cap. 407 of the laws of the Fed-
eration, 1990 seems to protect the bailiff who acts under a writ of execution unless
the bailiff refuses or neglects to comply with the conditions provided under Section
42 of the Act. Section 42 of the Sheriffs and Civil Process Act, provides as follows:
- “No action shall be commenced against any bailiff for anything done in obedience to
any process issued by a Court, unless: - (a) A demand for inspection of the process
and for a copy thereof is made or left at the office of the bailiff by the party intending
to bring the action or his solicitor or agent, in writing signed by the person making the
demand; and (b) The bailiff refuses or neglects to comply with the demand within six
days after it is made.” There is no allegation of mala fide against any of the bailiffs
that carried out the attachment; there is no evidence that a demand for inspection of
the process and for a copy thereof was ever made or left at the office of the bailiffs
by the appellant or his solicitor or agent in writing and that the bailiffs refused or
Paras. 5-7 Vol. 1: ACTION 2